O'Brien v. Goodrich
Massachusetts Supreme Judicial Court
Bill in equity, filed September 25, 1899, in the Superior-Court, to restrain interference with an alleged right of way to a well on the defendant’s land in Great Barrington, and also the maintenance of a gate on another part of his land over which the plaintiffs have a right of way. Hearing before Hopkins, J., who reported the case for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtHolmes, C. J.
This is a bill to restrain the defendant from interfering with an alleged right of way to a well upon his land, and also from maintaining a gate over a strip of the defendant’s land across which it is admitted that the plaintiffs have a right of way.
The main question concerns the way to the well. The defendant has erected buildings which interfere with the way for*33merly used by the plaintiffs, but offers other access, and denies that the plaintiffs have a right to a specific path. The common owner of the plaintiffs’ and the defendant’s land conveyed the latter in 1853, “ reserving the…
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