Burnham v. Holmes

The plaintiff brings this case before the court on exceptions to the ruling, of a justice of the Superior Court accepting the report of a referee. Hearing was held under a rule of reference which reserved the right of exceptions as to questions of law to both parties and is properly before the court under that reservation.

The action is case to recover damages for, and secure the abatement of, an alleged nuisance. Plaintiff alleges the erection and maintenance by the defendant of structures located within the limits of a two-rod strip of land which he claims is a public highway, created as…