Corman Realty, Inc. v. Rothstein

1. The defendants’ contention based on G. L. c. 160, §§ 88 and 114, in their appeal from a judgment entered on August 15, 1974, in the Superior Court was not raised in the pleadings or (for all that appears) otherwise brought to the attention of the trial judge, and we therefore do not consider it. See Foster v. Everett, 334 Mass. 14, 18 (1956); Henchey v. Cox, 348 Mass. 742, 747 (1965); Milton v. Civil Serv. Commn. 365 Mass. 368, 379 (1974). Nor do we subscribe to the defendants’ assertion that the judge insufficiently defined the geographical extent of the plaintiff’s easement, for we…