Luke v. Massachusetts Turnpike Authority

Wilkins,

C.J. This bill in equity seeks a declaratory decree as to the validity of a taking by eminent domain by the defendant Massachusetts Turnpike Authority of a permanent easement across land of the plaintiff and land of the defendants Ford, locating there a private way, and granting easements in it to the plaintiff and the defendants Powers and Ford. The facts were agreed, and the case is here upon a report without decision. G. L. (Ter. Ed.) c. 231, § 111.

Prior to the taking, the plaintiff and the defendants Powers and Ford were respectively owners of three parcels of land abutting the…