Crowley v. J. C. Ryan Construction, Inc.

The case is before us on the appeals of the defendant J. C. Ryan Construction, Inc. (Ryan) from an interlocutory decree overruling exceptions to and confirming the master’s report, from the final decree, and from an order of a judge denying a motion to strike a paper discussed later in this opinion.

The Crowleys sought and were granted a mandatory injunction .to compel Ryan to lower the grade of Crestshire Drive, a private way, as it abuts their land and dwelling (parcel 11) in Lawrence and to remove the curbing constructed around parcel 11. There was also a claim for an award of damages.

We…