Barnes v. Haynes
Massachusetts Supreme Judicial Court
Action of tort, praying for relief in equity, for the obstruction of a passage way. The case, which was pending in the county of Hampden, was referred, by .agreement of parties, to report the facts ; and the referee reported to this court a statement of facts, the material part of which was as follows : The plaintiffs and the defendant are owners of adjoining lots of land fronting on the west side of Main Street in Springfield.
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Action of tort, praying for relief in equity, for the obstruction of a passage way. The case, which was pending in the county of Hampden, was referred, by .agreement of parties, to report the facts ; and the referee reported to this court a statement of facts, the material part of which was as follows : The plaintiffs and the defendant are owners of adjoining lots of land fronting on the west side of Main Street in Springfield. Upon the plaintiffs’ lot stands a building, called the Coolidge house; and upon the defendant’s a building, known as the Lombard house, stood until 1857. These…
1Opinion of the CourtShaw, C. J.
This case comes before us, as upon an agreed statement of facts. The parties, and those under whom they claim respectively, owned estates on the west side of the Main Street in Springfield; each had a dwelling house on the street, and extensive rear lands back of each, extending to Connecticut River, to which neither of them had access except from the Main Street. There was in fact, and in actual use, a passage way, lying between the two houses, from the street to the rear, to a point where each party had a gate leading into his own rear premises, one on the one side, and the other on the…
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