Crocker v. Cotting
Massachusetts Supreme Judicial Court
Petition, filed February 19, 1898, under St. 1889, c. 442, to determine and define the nature and extent of the respondents’ easements in a passageway five feet wide and sixty-two feet long, running easterly from Carver Street in Boston at the rear of buildings fronting on Boylston Street belonging to the petitioners and the respondents. The case was heard by Hammond, J., who reported it for determination by the full court. The facts reported are stated by the court.
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Petition, filed February 19, 1898, under St. 1889, c. 442, to determine and define the nature and extent of the respondents’ easements in a passageway five feet wide and sixty-two feet long, running easterly from Carver Street in Boston at the rear of buildings fronting on Boylston Street belonging to the petitioners and the respondents. The case was heard by Hammond, J., who reported it for determination by the full court. The facts reported are stated by the court. A reduced copy of a sketch used as a chalk at the argument is printed on the opposite page. The respondents offered to prove by…
1Opinion of the CourtMorton, J.
This is a petition under St. 1889, c. 442, to determine the rights of the parties in a certain passageway. Questions in regard to the same way have already been before this court in 166 Mass. 183, 170 Mass. 68, and 173 Mass. 68. The principal question now is whether the passageway can be *149covered over. There is also a question whether the respondents Cotting and Welch have a right to use the passageway in connection with a rear lot belonging to them and adjoining their front lot and forming a part of the same original tract of land as that did. There is a further question in regard to the…
2Cases cited13 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Grafton v. . MoirNew York Court of Appeals · 1892
- Schwoerer v. Boylston Market Ass'nMassachusetts Supreme Judicial Court · 1868
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1896
- Salisbury v. AndrewsMassachusetts Supreme Judicial Court · 1880
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3Cited by15 opinions
- McArthur v. Hood Rubber Co.Massachusetts Supreme Judicial Court · 1915
- New England Home for Deaf Mutes v. Leader Filling Stations Corp.Massachusetts Supreme Judicial Court · 1931
- Raynes v. StevensMassachusetts Supreme Judicial Court · 1914
- Welch v. AustinMassachusetts Supreme Judicial Court · 1905
- Goodwin v. BragawSupreme Court of Connecticut · 1913
10 more not listed; retrieve them via the Exa API.