Rowell v. Doggett
Massachusetts Supreme Judicial Court
Bill in equity, filed July 23 1883, to restrain the defendant from doing certain acts and making certain changes on the land of the plaintiff in Clinton, and constructing a carriage road over it, within defined limits, over which the defendant claimed a right of way. The case was referred to a master, whose report was in substance as follows : In 1853, one T. W. Lewis owned'a parcel of land in Clinton, lying easterly of High Street, and abutting thereon.
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Bill in equity, filed July 23 1883, to restrain the defendant from doing certain acts and making certain changes on the land of the plaintiff in Clinton, and constructing a carriage road over it, within defined limits, over which the defendant claimed a right of way. The case was referred to a master, whose report was in substance as follows : In 1853, one T. W. Lewis owned'a parcel of land in Clinton, lying easterly of High Street, and abutting thereon. In that year he conveyed that part of the land lying farthest from the street to J ames Patterson, by a deed containing the following: “…
1Opinion of the CourtGardner, J.
The contention between the parties is whether the easement granted to Patterson is limited to a footway, or whether it is for horses and carriages as well as for foot- passengers.
A grant of way over one’s own premises, without limitation or restriction, is understood to be a general way for all purposes. But, in construing such a grant, reference is to be had to the nature and condition of the subject matter of the grant at the time ■ of its execution, and the obvious purposes which the parties had in view in making it. Washburn on Easements, (4th ed.) 254. Where the words of a deed are…
2Cases cited1 opinion
- Pickering v. ReynoldsMassachusetts Supreme Judicial Court · 1875
3Cited by19 opinions
- City of Pasadena v. California-Michigan Land & Water Co.California Supreme Court · 1941
- Dubinsky v. CamaMassachusetts Supreme Judicial Court · 1927
- Swensen v. MarinoMassachusetts Supreme Judicial Court · 1940
- Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1890
- Doody v. SpurrMassachusetts Supreme Judicial Court · 1943
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