Bowen v. Conner
Massachusetts Supreme Judicial Court
This was an action on the case for obstructing a right of way, claimed by the plaintiffs over a strip of land lying on the westerly side of land of the defendant on Pine Meadow street, in Worcester, and extending from the same to land oí the plaintiffs. The obstruction complained of was the maintaining and continuing of a house thereon.
Read the full summary
This was an action on the case for obstructing a right of way, claimed by the plaintiffs over a strip of land lying on the westerly side of land of the defendant on Pine Meadow street, in Worcester, and extending from the same to land oí the plaintiffs. The obstruction complained of was the maintaining and continuing of a house thereon. The parties submitted the case upon the following statement of facts: — On the 9th of March, 1849, the plaintiffs and the defendant were tenants in common of an estate on Pine Meadow street, there measuring from 100 to 130 feet, and extending back from 300 to…
1Opinion of the CourtShaw, C. J.
This is an action on the case for a nuisance occasioned by the obstruction of a private way, specially described as appurtenant to the land of the plaintiffs.
The question, and the only question argued, does not appear to be the question submitted to the court. The question reserved on the agreed statement of facts is, whether the building described, standing within the limits of the way claimed, was an obstruction. The only question argued was, whether by force and effect of the deeds referred to, and the rules of law applicable to them, the plaintiffs had the right of way which they claim.
The…
2Cases cited4 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- White v. CrawfordMassachusetts Supreme Judicial Court · 1813
- Louisville & Frankfort Railroad v. BallardCourt of Appeals of Kentucky · 1859
- Thompson v. GregoryNew York Supreme Court · 1809
3Cited by13 opinions
- Frecking v. . RollandNew York Court of Appeals · 1873
- Harmon v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1896
- Heburn v. WarnerMassachusetts Supreme Judicial Court · 1873
- Read v. StewartMassachusetts Supreme Judicial Court · 1880
- Faucett v. CurrierMassachusetts Supreme Judicial Court · 1871
8 more not listed; retrieve them via the Exa API.