New York Central Railroad v. Ayer
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on March 22, 1916, and afterwards amended, by the New York Central Railroad Company and the Boston and Albany Railroad Company, as lessee and owner of land abutting upon land conveyed by the Boston and Albany Railroad Company to predecessors in title of the defendants at the corner of Exeter Street and Boylston Street in Boston, against the trustees of the Ledyard Realty Trust and the executors of the will of Frederick…
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Bill in equity, filed in the Supreme Judicial Court on March 22, 1916, and afterwards amended, by the New York Central Railroad Company and the Boston and Albany Railroad Company, as lessee and owner of land abutting upon land conveyed by the Boston and Albany Railroad Company to predecessors in title of the defendants at the corner of Exeter Street and Boylston Street in Boston, against the trustees of the Ledyard Realty Trust and the executors of the will of Frederick Ayer, owners, and the Lenox Operating Company, the lessee of that property, seeking to restrain the defendants from alleged…
1Opinion of the CourtPierce, J.
This is a bill in equity, alleging that the plaintiffs *74are entitled to have a strip of land ten feet wide on the defendants’ land, being one half of a twenty foot passageway between the premises of the parties, kept open and unobstructed from the ground up for its full width; that the defendants are maintaining structures on said strip in violation of the plaintiffs’ rights; and praying for a mandatory injunction and damages.
These defendants admit the facts, but deny that the structures are in violation of the plaintiffs’ rights, and plead loches.
The case was reserved upon the pleadings, the…
2Cases cited10 opinions
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- Short v. DevineMassachusetts Supreme Judicial Court · 1888
- Gray v. KelleyMassachusetts Supreme Judicial Court · 1907
- Nash v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Geragosian v. Union Realty Co.Massachusetts Supreme Judicial Court · 1935
- Fortier v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1940
- Western Massachusetts Electric Co. v. Sambo's of Massachusetts, Inc.Massachusetts Appeals Court · 1979
- Tehan v. Security National BankMassachusetts Supreme Judicial Court · 1959
12 more not listed; retrieve them via the Exa API.