Central Wharf & Wet Dock Corp. v. Proprietors of India Wharf
Massachusetts Supreme Judicial Court
Tort tor interrupting and obstructing certain easements elaimecl by the plaintiff in a parcel of land lying westerly of Atlantic Avenue, and marked B on the plan printed ante, 562. The case was submitted to this court on agreed facts, and was as follows: On December 24, 1814, the defendant, who then owned the parcel marked B on the plan, of the one part, and Ebenezer Francis, who then owned an adjoining parcel of flats, and whose rights have since been acquired by the…
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Tort tor interrupting and obstructing certain easements elaimecl by the plaintiff in a parcel of land lying westerly of Atlantic Avenue, and marked B on the plan printed ante, 562. The case was submitted to this court on agreed facts, and was as follows: On December 24, 1814, the defendant, who then owned the parcel marked B on the plan, of the one part, and Ebenezer Francis, who then owned an adjoining parcel of flats, and whose rights have since been acquired by the plaintiff, of the other part, executed an indenture, which is set forth at length, ante, 562, whereby the defendant granted to…
1Opinion of the CourtGray, C. J.
The only easement which the plaintiff acquired under the indentures upon which the rights of the parties de*570pend was of an open dock and common passageway for ships, boats and other waterborne craft. All the covenants, including that against erecting fixtures or buildings of any kind within the bounds of the dock, were incidental to the grant of this easement. The laying out of a street and filling up of the dock by the city, under authority conferred by statute, made the enjoyment of this easement impossible, and thereby extinguished it. Hancock v. Wentworth, 5 Met. 446. Canny v. Andrews,…
2Cited by17 opinions
- McArthur v. Hood Rubber Co.Massachusetts Supreme Judicial Court · 1915
- Eureka Real Estate & Investment Co. v. Southern Real Estate & Financial Co.Supreme Court of Missouri · 1947
- Chicago & Northwestern Railway Co. v. Sioux City Stockyards Co.Supreme Court of Iowa · 1916
- American Oil Company v. LeamanSupreme Court of Virginia · 1958
- Brooks v. West Boston Gas Co.Massachusetts Supreme Judicial Court · 1927
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