Lemieux v. Rex Leather Finishing Corp.

The plaintiffs, owners of a parcel of back land at 119 Foster Street in Peabody, sought an injunction and damages in the Superior Court against the defendant, the owner of land fronting on Foster Street, for the obstruction of the plaintiffs’ twenty foot right of way to Foster Street. 2 By agreement of the parties, the case was referred to a master, Mass.R.Civ.P. 53(b), 365 Mass. 818 (1974), who concluded that ten feet of the plaintiffs’ right of way had been extinguished along its entire length by various prescriptive uses of the defendant and its predecessors in title and that the remainder…