Ottavia v. Savarese

This is a bill in equity for a mandatory injunction to require the defendant to remove certain supporting beams encroaching upon the plaintiff’s property and for damages. From an interlocutory decree confirming the master’s report and from a final decree awarding damages but denying the injunction, the plaintiff appeals. The evidence is not reported.

The material facts found by a master are as follows: The parties are the owners of adjacent premises. The plaintiff acquired title to her property in 1937; the defendant in 1939. On the land of the defendant is a brick building five stories in…