Payson v. Burnham
Massachusetts Supreme Judicial Court
Bill in equity, filed October 4, 1884, by the owners of the dwelling-house No. 88 Beacon Street in Boston, to restrain the defendants, who are the owners of the adjoining dwelling-house on the east, No. 87, from maintaining a bay window, projecting two feet and six inches south of the front wall of their house. Both estates are situated between Brimmer Street and Beaver Street.
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Bill in equity, filed October 4, 1884, by the owners of the dwelling-house No. 88 Beacon Street in Boston, to restrain the defendants, who are the owners of the adjoining dwelling-house on the east, No. 87, from maintaining a bay window, projecting two feet and six inches south of the front wall of their house. Both estates are situated between Brimmer Street and Beaver Street. The case was heard on the pleadings and agreed facts, by 0. Allen, J., who reserved it for the consideration of the full court, in substance as follows: Before the filing of the bill, and before the building of the bay…
1Opinion of the Court
0. Allen, J.
At the argument, the main reliance of the defendants was upon the position that the right reserved upon the land south of the contemplated line of buildings was merely for a way'or street; that the use of it for a way or street was long since abandoned, as is shown by the erection and maintenance of the door-steps and fences; and that all the subordinate or incidental rights or privileges in the nature of easements, such as of prospect, light, and air, were also abandoned.
This argument, if valid, would seem by implication to assert the right of the defendants to build over the…
2Cases cited3 opinions
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Peck v. ConwayMassachusetts Supreme Judicial Court · 1876
- Beals v. CaseMassachusetts Supreme Judicial Court · 1884
3Cited by22 opinions
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Bacon v. SandbergMassachusetts Supreme Judicial Court · 1901
- Evans v. FossMassachusetts Supreme Judicial Court · 1907
- Hano v. BigelowMassachusetts Supreme Judicial Court · 1892
- Ward v. Prospect Manor Corp.Wisconsin Supreme Court · 1926
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