Gaw v. Hughes
Massachusetts Supreme Judicial Court
Two ACTIONS OE TORT for obstructing a private way called Cherry Street Place, in Newton, by digging a ditch therein. In the declaration in each case the first count alleged that the plaintiff was seised in fee of one half of Cherry Street Place, the second count alleged that he had a right of way in said place.
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Two ACTIONS OE TORT for obstructing a private way called Cherry Street Place, in Newton, by digging a ditch therein. In the declaration in each case the first count alleged that the plaintiff was seised in fee of one half of Cherry Street Place, the second count alleged that he had a right of way in said place. Both cases were tried together in the Superior Court, before BoeJcwell, J.; the judge directed the jury to return verdicts for the defendants, and the plaintiff alleged exceptions. The cases are stated in the opinion.
1Opinion of the Court
By the Court.
The lots of the plaintiff and of the defendants were parts of a large tract of land formerly owned by John Ayers. 'He divided it into lots and laid out a “ proprietor’s way” now called Cherry Street Place, and afterwards sold the lot now owned by the plaintiff to Michael Manning. The material part of the description of the lot in the deed to Manning is as follows : “beginning at the northeast corner thereof, and on the southerly side of a proprietor’s way, thence running westerly by said way and crossing a ditch two hundred and thirty-four feet to a stake by the side of said way.”
2Cases cited1 opinion
- Meehan v. BarryMassachusetts Supreme Judicial Court · 1867
3Cited by10 opinions
- Casella v. SneiersonMassachusetts Supreme Judicial Court · 1949
- Killion v. KelleyMassachusetts Supreme Judicial Court · 1876
- Nickson v. GarryNew Mexico Supreme Court · 1947
- Hill v. TaylorMassachusetts Supreme Judicial Court · 1936
- Teal v. JagieloMassachusetts Supreme Judicial Court · 1951
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