Curtis Manufacturing Co. v. Spencer Wire Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on March 16, 1909, seeking a mandatory injunction commanding the defendant to desist from further completing a building resting on a wall which, it was alleged, was built by the defendant within the boundaries of Webster Court, a private way the fee of which was in the plaintiff and over which the defendant had a right of way, “ and that the defendant be further compelled to restore the land of the plaintiff, which [had] been…
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Bill in equity, filed in the Superior Court on March 16, 1909, seeking a mandatory injunction commanding the defendant to desist from further completing a building resting on a wall which, it was alleged, was built by the defendant within the boundaries of Webster Court, a private way the fee of which was in the plaintiff and over which the defendant had a right of way, “ and that the defendant be further compelled to restore the land of the plaintiff, which [had] been disturbed by the defendant in the erection of said wall to its natural condition so far as possible.” In its answer the…
1Opinion of the CourtHammond, J.
Webster Court is a private way the fee of which, subject to the defendant’s right of way and to the right of the city of Worcester to maintain a sewer therein, is in the plaintiff. As to the foundation which the defendant has projected into the way, the master has found as follows:
“ The respondent has projected the foundation of its building (but'no part of the superstructure) over into Webster Court.
“ Said projections consist of a concrete foundation twelve feet deep at its westerly end, five feet at its easterly, fifty-five and *450four tenth's (55.4) feet long, and extending into the limits of…
2Cases cited9 opinions
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Starkie v. RichmondMassachusetts Supreme Judicial Court · 1892
- Downey v. HoodMassachusetts Supreme Judicial Court · 1909
- Tucker v. HowardMassachusetts Supreme Judicial Court · 1880
- Attorney General v. Algonquin ClubMassachusetts Supreme Judicial Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
- Geragosian v. Union Realty Co.Massachusetts Supreme Judicial Court · 1935
- Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912
- Ferrone v. RossiMassachusetts Supreme Judicial Court · 1942
21 more not listed; retrieve them via the Exa API.