Dennis v. Wilson
Massachusetts Supreme Judicial Court
Tort for the obstruction of a right of way claimed by the plaintiff, as owner of a parcel of land in Barre, over adjoining land of the defendant. Trial and verdict for the plaintiff, in the superior court, (before Dewey, J., who allowed a bill of exceptions the substance of which appears in the opinion.
1Opinion of the CourtWells, J.
The plaintiff and defendant are adjoining owners of land fronting on the “ old Worcester road.” Both- derive title from James W. Jenkins. Being owner of the whole tract, Jenkins conveyed the south part, which is now the defendant’s, “ excepting and reserving a right of way to pass and repass over said land, with teams and otherwise, on the northerly side of said premises, not exceeding eight rods from said old Worcester road.’1 *592At the trial, in the court below, the judge ruled that this right of way was appurtenant to the remaining land of Jenkins, and, as such, passed with the land to the…
2Cases cited3 opinions
- White v. CrawfordMassachusetts Supreme Judicial Court · 1813
- Garrison v. RuddIllinois Supreme Court · 1858
- Hoffman v. SavageMassachusetts Supreme Judicial Court · 1818
3Cited by43 opinions
- Rio Bravo Oil Co. v. WeedTexas Supreme Court · 1932
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- Anzalone v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1926
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912
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