Brooks v. Capitol Truck Leasing, Inc.

This is an action of an equitable nature brought in the Land Court by the owners and tenants of two parcels of industrial land, located in Everett, against the owner and the tenant of an adjoining parcel to compel the latter to remove obstructions from a portion of a right-of-way easement claimed by the plaintiffs over the defendants’ land. A preliminary injunction required the defendants to remove the obstructions during the pendency of the action. The judge ruled in the plaintiffs’ favor with respect to the existence of the claimed easement, and the defendants appealed from the ensuing…