Mulville Et Ux. v. Cooper Et Ux.

Dissenting Opinion by

Keller, J.:

It was admitted at the argument that no testimony had been received on the trial as to any actual interference with the plaintiffs’ use of the four-foot wide common alley caused by the defendants’ rain-spout occupying a space from four to six inches in diameter, adjoining their dwelling. The judge’s finding that the spout was “a real and substantial infringement of plaintiffs’ rights” was therefore a legal conclusion rather than a finding of fact.

There is no reasonable doubt, under the decisions, that the defendants ’ title extends to the middle of. the alley,…