Congregation Beth Israel v. Heller
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on November 16, 1917, and afterwards amended, for a mandatory injunction restraining the defendant from making an excavation in Baldwin Place in Boston, the fee to which was owned by the plaintiff subject to a right in the defendant to “ a free and uninterrupted, right, use and privilege” therein. The suit was referred to a master, who found the facts described in the opinion.
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Bill in equity, filed in the Superior Court on November 16, 1917, and afterwards amended, for a mandatory injunction restraining the defendant from making an excavation in Baldwin Place in Boston, the fee to which was owned by the plaintiff subject to a right in the defendant to “ a free and uninterrupted, right, use and privilege” therein. The suit was referred to a master, who found the facts described in the opinion. After a hearing by Wait, J., a decree was entered granting the injunction prayed for. The defendant appealed.
1Opinion of the CourtRttgg, C. J.
The findings of fact made by the master must be accepted, since the evidence is not reported.
The plaintiff at and before the acts complained of was the owner of the fee of a private way in Boston known as Baldwin Place, together with a tract of land abutting thereon, on which was located its synagogue. It was provided by deed that Baldwin Place is to be forever used as a passageway by "the plaintiff in common with owners and occupants of other land abutting thereon. On each side throughout its length the plaintiff, about ten years ago, constructed a smooth granolithic sidewalk six feet wide.…
2Cases cited5 opinions
- Harrington v. McCarthyMassachusetts Supreme Judicial Court · 1897
- Kershishian v. JohnsonMassachusetts Supreme Judicial Court · 1911
- Szathmary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1913
- Curtis Manufacturing Co. v. Spencer Wire Co.Massachusetts Supreme Judicial Court · 1909
- Zimmerman v. FinkelsteinMassachusetts Supreme Judicial Court · 1918
3Cited by14 opinions
- United Electric Light Co. v. Deliso Construction Co.Massachusetts Supreme Judicial Court · 1943
- Geragosian v. Union Realty Co.Massachusetts Supreme Judicial Court · 1935
- Ferrone v. RossiMassachusetts Supreme Judicial Court · 1942
- Bacon v. Onset Bay Grove Ass'nMassachusetts Supreme Judicial Court · 1922
- Cumberland Corp. v. MetropoulosMassachusetts Supreme Judicial Court · 1922
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