Brown v. Inhabitants of Peabody
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on January 1,1914, to enjoin the town of Peabody from trespassing on the plaintiff’s land by unlawfully maintaining sewers in Munroe Street and Hardy Street in that town, private ways alleged to be owned in fee by the plaintiff, praying also for an assessment of damages and for further relief. The case was referred to a master, to whose report no exceptions were filed.
Read the full summary
Bill in equity, filed in the Superior Court on January 1,1914, to enjoin the town of Peabody from trespassing on the plaintiff’s land by unlawfully maintaining sewers in Munroe Street and Hardy Street in that town, private ways alleged to be owned in fee by the plaintiff, praying also for an assessment of damages and for further relief. The case was referred to a master, to whose report no exceptions were filed. Later the case came on ,to be heard upon the bill and answer and the master’s report before Stevens, J., who reserved and reported it for determination by this court.
1Opinion of the CourtCrosby, J.
This is a bill in equity brought to enjoin the defendants from maintaining in and under Munroe and Hardy streets, in Peabody, certain main drains and common sewers laid by the defendants; and for an assessment of damages caused to the plaintiff thereby.
It is the contention of the plaintiff that he is the owner of the fee in the above named streets, that they are private ways and are subject only to the rights of certain owners of lands abutting upon the streets to pass over them.
The defendants deny that the plaintiff is the owner of the fee in the streets, and contend that they are public…
2Cases cited11 opinions
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Moffatt v. KennyMassachusetts Supreme Judicial Court · 1899
- Downey v. HoodMassachusetts Supreme Judicial Court · 1909
- Aldworth v. City of LynnMassachusetts Supreme Judicial Court · 1891
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Commonwealth v. Town of HudsonMassachusetts Supreme Judicial Court · 1943
- Geragosian v. Union Realty Co.Massachusetts Supreme Judicial Court · 1935
- Erickson v. AmesMassachusetts Supreme Judicial Court · 1928
- Suburban Land Co. v. Town of BillericaMassachusetts Supreme Judicial Court · 1943
- Oklahoma City v. Local Federal Savings & Loan Ass'nSupreme Court of Oklahoma · 1943
5 more not listed; retrieve them via the Exa API.