Lizzo v. Drukas

This is a bill in equity for a mandatory injunction compelling the defendants to remove fill alleged to have been placed on a way over which the plaintiffs had a right of passage. The judge made findings of material facts and ordered the entry of a decree that the defendants pay to the plaintiffs the sum of $200. From a decree entered accordingly the plaintiffs appealed. The evidence is not reported.

The plaintiffs challenge the decree solely because of the relief granted. They contend that they were entitled to a mandatory injunction ordering the removal of the fill instead of an award of…