Starkie v. Richmond
Massachusetts Supreme Judicial Court
Two BILLS IN equity, filed in the Superior Court in January, 1889, to enjoin the defendant from interfering with a way in the city of Worcester, and to compel him to remove a building and fences therefrom. Hearing before Aldriph, J., who, after the entry of a final decree in each suit, reported the cases for the determination of this court, and directed a stay of further proceedings until they should be determined. The material parts of the reports are as follows.
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Two BILLS IN equity, filed in the Superior Court in January, 1889, to enjoin the defendant from interfering with a way in the city of Worcester, and to compel him to remove a building and fences therefrom. Hearing before Aldriph, J., who, after the entry of a final decree in each suit, reported the cases for the determination of this court, and directed a stay of further proceedings until they should be determined. The material parts of the reports are as follows. The plaintiffs were the owners of real estate abutting on Layard Place, so called, in the city of Worcester, a way running…
1Opinion of the CourtMorton, J.
When the defendant began the erection of his building he was notified by the plaintiff Starkie that the foundation was on the passageway. The defendant, relying upon his own deeds, made no change, and proceeded with the building. The court found at the trial that the building encroached upon the way. If Starkie, upon discovering the trespass, had applied seasonably to the court, the defendant might, perhaps, have been compelled to remove his building from the way. Linzee v. Mixer, 101 Mass. 512. Tucker v. Howard, 128 Mass. 361.
He did not do that. He lived there and carried on business there,…
2Cases cited9 opinions
- Linzee v. MixerMassachusetts Supreme Judicial Court · 1869
- Tucker v. HowardMassachusetts Supreme Judicial Court · 1880
- Hodgkins v. PriceMassachusetts Supreme Judicial Court · 1884
- Royal Bank of Liverpool v. Grand Junction Railroad & Depot Co.Massachusetts Supreme Judicial Court · 1878
- Butterworth v. Western Assurance Co.Massachusetts Supreme Judicial Court · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- Hester v. SawyersNew Mexico Supreme Court · 1937
45 more not listed; retrieve them via the Exa API.