Town of Scituate v. Maxwell

On the westerly side of the harbor at Scituate is a town parking area. The defendant, The Welch Co. (hereinafter called Welch), owns land which adjoins the parking area on the north. At the northerly end of Welch’s parcel is a pier which extends into the harbor about one hundred feet. Between the northerly edge of the parking area and the southerly side of the wharf is an area of water, about five hundred feet in length and varying in width from one hundred to two hundred feet, set back somewhat from the main harbor. “Boats in this area . . . are at no time in the path of boats proceeding…