Swensen v. Marino

The plaintiff complains that the defendant has been using his right of way over the plaintiff’s land on Franklin Street in Holbrook illegally and in excess of the defendant’s rights by driving motor trucks at frequent intervals with heavy loads of sand and gravel from land west of the plaintiff’s land to Franklin Street.

Both parties apparently assume, and the master finds, that the defendant has a right of way appurtenant to his land over the plaintiff’s land to Franklin Street. The extent of this right is in dispute and is not determined by the notations of encumbrances upon the plaintiff’s…