Burnham v. Nevins
Massachusetts Supreme Judicial Court
Bill in equity, filed May 6, 1886, alleging the following facts: In 1832 Israel Thorndike was seised in fee of a parcel of land in Boston, at the corner of Beacon Street and Belknap Street, now Joy Street, shown on a plan (a sketch of a part of which is printed in the margin of the opposite page) ; and laid out a passageway, five feet wide, running westerly from Belknap Street over the rear portions of lots 1 and 2. On July 11, 1832, Thorndike convejmd lot 2 to Abigail Joy…
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Bill in equity, filed May 6, 1886, alleging the following facts: In 1832 Israel Thorndike was seised in fee of a parcel of land in Boston, at the corner of Beacon Street and Belknap Street, now Joy Street, shown on a plan (a sketch of a part of which is printed in the margin of the opposite page) ; and laid out a passageway, five feet wide, running westerly from Belknap Street over the rear portions of lots 1 and 2. On July 11, 1832, Thorndike convejmd lot 2 to Abigail Joy and another, “ together with all the rights, easements, privileges, and appurtenances to the granted premises belonging,…
1Opinion of the CourtMortou, C. J.
The defendant does not deny that the plaintiff has the right to use the passageway as a means of access to his lot from Joy Street. The question in the casé is as to the extent of this right, and whether, in projecting bay-windows over the passageway in the manner alleged in the bill, the defendant is violating this right. The windows do not interfere with passing to and fro over the passageway. The bill alleges that there are two rows of windows, one beginning seven feet and nine and a half inches above the level of the passageway, extending upward sixty-five and a half feet, being fourteen…
2Cases cited7 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Schwoerer v. Boylston Market Ass'nMassachusetts Supreme Judicial Court · 1868
- Salisbury v. AndrewsMassachusetts Supreme Judicial Court · 1880
- Brooks v. ReynoldsMassachusetts Supreme Judicial Court · 1870
- Attorney General v. WilliamsMassachusetts Supreme Judicial Court · 1885
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3Cited by22 opinions
- Grafton v. . MoirNew York Court of Appeals · 1892
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Carter v. SullivanMassachusetts Supreme Judicial Court · 1932
- Doody v. SpurrMassachusetts Supreme Judicial Court · 1943
- Flaherty v. FlemingWest Virginia Supreme Court · 1906
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