New York Central Railroad v. Ayer

This case comes before us on appeal from a final decree after rescript accompanying the decision in 239 Mass. 70. The only question is whether the decree conforms to the principles of that opinion. The suit is in equity for the removal of obstructions interfering with a passageway twenty feet in width, of the one half of which adjacent to their land the defendants own the fee, and of the other half of which the plaintiffs own the fee, “to be forever kept open for a passageway and for light and air and drainage” for the use of the plaintiffs and of the defendants and their respective…