New England Structural Co. v. Everett Distilling Co.
Massachusetts Supreme Judicial Court
Petition filed September 8, 1902, in the Court of Land Registration, now the Land Court, for the registration of the title to a parcel of land in Everett, including all the land which is shown upon the plan called “ Exhibit A,” printed on page 146, lying between the railroad, Second Street, Locust Street, the water and land marked as belonging to the New England Gas and Coke Company, except the parcel marked “Everett Distilling Company.”
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Petition filed September 8, 1902, in the Court of Land Registration, now the Land Court, for the registration of the title to a parcel of land in Everett, including all the land which is shown upon the plan called “ Exhibit A,” printed on page 146, lying between the railroad, Second Street, Locust Street, the water and land marked as belonging to the New England Gas and Coke Company, except the parcel marked “Everett Distilling Company.” The respondent, owning the excepted parcel, answered claiming: (1) an easement in its favor over the strip of land shown as Front Street on Exhibit A…
1Opinion of the CourtHammond, J.
The judge “ruled and found as matter of law” that upon the facts stated in the report the respondent had no right of way over any portion of the petitioner’s land formerly called Front Street. We understand this to be a ruling on the question as one of law, and not a finding of fact. At the argument before us the respondent waived any claim to any easement in Front Street west of the westerly line of its premises, but contended that it has a right of way over that part of Front Street which extends from said westerly line easterly to Locust Street. The only question, therefore, is whether as…
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