Stetson v. Curtis
Massachusetts Supreme Judicial Court
Tort for obstructing a right of way. At the trial in the Superior Court, before Brigham, C. J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, the substance of which appears in the opinion.
1Opinion of the CourtColt, J.
The rights of the parties in this case depend upon the construction to be given to a.clause in the deed given in *2671834 by John Wales to Bela Keith, under whom the plaintiff claims, which provides for a way across land now owned by the defendant, to the land then conveyed, and now owned by the plaintiff. It is in the following words : “ I hereby covenant for myself, my heirs and assigns, that a carriage way at least twenty-five feet wide shall forever hereafter be kept open and unobstructed from said lot easterly to the Boston and New Bedford road.” The clause follows the description in the…
2Cited by9 opinions
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Dunham v. DodgeMassachusetts Supreme Judicial Court · 1920
- Valentine v. SchreiberAppellate Division of the Supreme Court of the State of New York · 1896
- Cornell-Andrews Smelting Co. v. Boston & Providence RailroadMassachusetts Supreme Judicial Court · 1909
- Cotting v. MurrayMassachusetts Supreme Judicial Court · 1911
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