Legal Opinion

Onorati v. O'Donnell

Massachusetts Appeals Court

Decided April 23, 1975PublishedCited by 4 opinions

1Opinion of the Court

As there was no appeal from the interlocutory decree confirming the master’s report, we consider the case solely on the basis of the master’s findings. Fisher v. MacDonald, 332 Mass. 727, 729 (1955). 1. The deeds which established and referred to the right of way, limited its dimensions, and located it by reference to a Land Court plan depicting it were “clear, explicit and free from ambiguity” (Panikowski v. Giroux, 272 Mass. 580, 582 [1930]), and there was nothing in the master’s report which would have warranted the judge’s restricting the plaintiffs’ vehicular use of any portion of the…

2Cases cited5 opinions

  1. Guillet v. LivernoisMassachusetts Supreme Judicial Court · 1937
  2. Fisher v. MacDonaldMassachusetts Supreme Judicial Court · 1955
  3. Smith v. Board of Appeals of PlymouthMassachusetts Supreme Judicial Court · 1960
  4. Panikowski v. GirouxMassachusetts Supreme Judicial Court · 1930
  5. Flynn v. Town of SeekonkMassachusetts Supreme Judicial Court · 1967

3Cited by4 opinions

  1. Andersen v. EdwardsAlaska Supreme Court · 1981
  2. Morganelli v. Building Inspector of CantonMassachusetts Appeals Court · 1979
  3. Martin v. Simmons Properties, LLCMassachusetts Supreme Judicial Court · 2014
  4. Martin v. Simmons PropertiesMassachusetts Appeals Court · 2012

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