Providence Institution for Savings v. Lincoln Trust Co.

This is a bill in equity to establish the complainant’s alleged right to use a certain gangway in common with the respondents. It was heard in the superior court on amended bill, answer, replication and proof, whereupon the relief prayed for was granted and a decree accordingly was entered. The cause is before us on the single appeal from that decree by one of the respondents, New England Mutual Life Insurance Company.

The material facts are substantially undisputed. From 1902 to 1920 Butler Exchange Company was the owner of a tract of land bounding, in general, northerly on Westminster street…