Commercial Wharf Co. v. Winsor
Massachusetts Supreme Judicial Court
Bill in equity to restrain the defendants, who were the lessees and owners of T Wharf, from using a common passageway between the private docks of Commercial Wharf and T Wharf as a berth for vessels. The defendants demurred to the bill, among other grounds, for want of equity, and because the owners of T Wharf were not proper parties. Hearing before Gardner, J., who made certain findings of fact, and reserved the ease for the consideration of the full court.
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Bill in equity to restrain the defendants, who were the lessees and owners of T Wharf, from using a common passageway between the private docks of Commercial Wharf and T Wharf as a berth for vessels. The defendants demurred to the bill, among other grounds, for want of equity, and because the owners of T Wharf were not proper parties. Hearing before Gardner, J., who made certain findings of fact, and reserved the ease for the consideration of the full court. Certain plans were used at thé hearing, a copy of so much of which as is material appears in the margin of the next page. The case was…
1Opinion of the CourtW. Allen, J.
This is a bill to enforce covenants made by the owners of T Wharf with the Mercantile Wharf Corporation, contained in a tripartite indenture made by the city of Boston, the Mercantile Wharf Corporation, and the owners of T Wharf, on December 3,1830. The object of the indenture was to establish and to regulate the use of a dock over flats owned by the parties, for the benefit of their adjoining lands and wharves. The dock as established extended from the harbor channel westerly to Commercial Street, a distance of about twelve hundred feet. The greater part of the dock has since been filled up,…
2Cases cited1 opinion
- Tufts v. City of CharlestownMassachusetts Supreme Judicial Court · 1875
3Cited by6 opinions
- Boston Waterfront Development Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1979
- Old Colony Street Railway Co. v. PhillipsMassachusetts Supreme Judicial Court · 1911
- Wellington v. CambridgeMassachusetts Supreme Judicial Court · 1915
- Boston Waterfront Development Corp. v. CommonwealthMassachusetts Appeals Court · 1978
- Wellington v. City of CambridgeMassachusetts Supreme Judicial Court · 1913
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