Perlman v. Stellwagen

I find that the front wall of the building encroaches two inches upon the street, the position fixed by the surveyors called by the plaintiff; that whatever excuse a surveyor may have had for locating the line at another point the mathematical fact is controlling, and that no principle of estoppel, whether by reason of incorrect surveying for the city in street-opening proceedings or otherwise, is applicable. Furthermore, I am of the opinion that even if any of the locations so very ably contended for by defendant’s counsel in his excellent argument upon that head were to be adopted the…