Czapski v. Sun Oil Co.

The plaintiff appeals from a final decree dismissing his bill to restrain the operation by the defendants of a gasoline filling station adjoining the plaintiff’s tenement houses, the kitchens of which overlook it. The judge found no unnecessary noise or odor. But the evidence is reported, and we are bound to make findings for ourselves, giving to the findings of the judge the weight required by a rule too familiar to need restatement. Trade Mutual Liability Ins. Co. v. Peters, 291 Mass. 79, 83, 84. Spiegel v. Beacon Participations, Inc. 297 Mass. 398, 407-408. Smith v. Stratton, 302 Mass. 17,…