Institution for Savings v. Inhabitants of Brookline
Massachusetts Supreme Judicial Court
Petition, filed in the Superior Court on September 23, 1904, for damages caused to the petitioner by the laying out of Summit Path in Brookline as a public footpath. The case was tried before Fox, J. It appeared that the petitioner owned one half of the path, divided longitudinally, that it ran from Beacon Street to Lancaster Terrace, was somewhat steep, was constructed of stone and plank steps and walks and was bordered by bushes and shrubs.
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Petition, filed in the Superior Court on September 23, 1904, for damages caused to the petitioner by the laying out of Summit Path in Brookline as a public footpath. The case was tried before Fox, J. It appeared that the petitioner owned one half of the path, divided longitudinally, that it ran from Beacon Street to Lancaster Terrace, was somewhat steep, was constructed of stone and plank steps and walks and was bordered by bushes and shrubs. The path was built by the petitioner’s predecessor in title, Eben D. Jordan, as a part of a scheme for the development of property owned by him on the…
1Opinion of the CourtBraley, J.
The petitioner at the date of the taking owned in fee one half of the footway, the whole of which was subject to an easement of passage for the benefit of the owners of abutting estates and of other estates in the vicinity of its northerly entrance for all purposes for which such passageways “now are or at any time hereafter may be commonly used” in the defendant town. It undoubtedly was impossible to exclude the general public, as the way provided a convenient means of communication between a much used street at the southerly entrance and a *306populous residential section. By the terms of the…
2Cases cited16 opinions
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Greenfield Savings Bank v. AbercrombieMassachusetts Supreme Judicial Court · 1912
- Beale v. City of BostonMassachusetts Supreme Judicial Court · 1896
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Commonwealth v. ConnollyMassachusetts Supreme Judicial Court · 1941
- McCarthy v. Brockton National BankMassachusetts Supreme Judicial Court · 1943
- Schleifer v. Worcester North Savings InstitutionMassachusetts Supreme Judicial Court · 1940
- Lonergan v. Highland Trust Co.Massachusetts Supreme Judicial Court · 1934
- Eno v. Prime Manufacturing Co.Massachusetts Supreme Judicial Court · 1943
6 more not listed; retrieve them via the Exa API.