Levi v. Worcester Consolidated Street Railway Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on August 8, 1905, by the owner of a right of way over land of one Tyson in West Boylston and land of the defendant recently purchased by it from Tyson, through which the defendant in the construction of its railway was making a deep cut which wholly would destroy the way, praying for an injunction. A temporary injunction was issued on the day of the filing of the bill.
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Bill in equity, filed in the Superior Court on August 8, 1905, by the owner of a right of way over land of one Tyson in West Boylston and land of the defendant recently purchased by it from Tyson, through which the defendant in the construction of its railway was making a deep cut which wholly would destroy the way, praying for an injunction. A temporary injunction was issued on the day of the filing of the bill. On August 11,. 1905, the parties were ordered to complete the pleadings and the case was referred to a master. On August 22,1905, the report of the master was filed. No exceptions to…
1Opinion of the CourtHammond, J.
“ It is not every case of a permanent obstruction in the use of an easement that entitles the aggrieved party to a restoration of the former situation. Each case depends on its own circumstances. It is for the court, in the exercise of a sound discretion, to determine in such instances whether a mandatory injunction shall issue. It will not be issued when it appears that it will operate inequitably and oppressively, nor when it appears that there has been unreasonable delay by the party seeking it in the enforcement of his rights, nor when the injury complained of is not serious or…
2Cases cited4 opinions
- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
- Starkie v. RichmondMassachusetts Supreme Judicial Court · 1892
- Royal Bank of Liverpool v. Grand Junction Railroad & Depot Co.Massachusetts Supreme Judicial Court · 1878
- Cobb v. Massachusetts Chemical Co.Massachusetts Supreme Judicial Court · 1901
3Cited by26 opinions
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Ottavia v. SavareseMassachusetts Supreme Judicial Court · 1959
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- Geragosian v. Union Realty Co.Massachusetts Supreme Judicial Court · 1935
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