Morse v. Rogers
Massachusetts Supreme Judicial Court
Tort for the disturbance of an easement. Trial in the Superior Court, before Dewey, J., who, after a verdict for the plaintiffs, reported the case to this court in substance as follows: The defendant owns a lot of land with a block of.buildings thereon in Worcester, on the corner of Main and Pleasant Streets, on the northerly side of Pleasant Street. The plaintiffs own the lot on the northerly side of Pleasant Street, next westerly of the defendant’s lot.
Read the full summary
Tort for the disturbance of an easement. Trial in the Superior Court, before Dewey, J., who, after a verdict for the plaintiffs, reported the case to this court in substance as follows: The defendant owns a lot of land with a block of.buildings thereon in Worcester, on the corner of Main and Pleasant Streets, on the northerly side of Pleasant Street. The plaintiffs own the lot on the northerly side of Pleasant Street, next westerly of the defendant’s lot. Between the two lots is a passage way, extend ing from Pleasant Street, between the plaintiffs’ and the defendant’s lots, and further north…
1Opinion of the CourtEndicott, J.
The lot of the defendant is bounded in his deed westerly on the easterly side of a passage way fifteen feet wide, extending from Pearl Street to Pleasant Street, and southerly on Pleasant Street ninety-five feet six inches to Main Street.
The location of this passage way is the important question in the case, as the issue between the-parties is whether it is ninety-five feet six inches, or ninety-eight feet three inches distant from Main Street.
The easterly line of the way is described in the defendant’s deed as identical -with the line of Calvin Foster’s lot, and a line drawn in extension…
2Cases cited1 opinion
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
3Cited by11 opinions
- Temple v. BensonMassachusetts Supreme Judicial Court · 1912
- Holmes v. BarrettMassachusetts Supreme Judicial Court · 1929
- Moran v. LezotteMichigan Supreme Court · 1884
- Stefanick v. FortonaMassachusetts Supreme Judicial Court · 1915
- Roberti v. AtwaterSupreme Court of Connecticut · 1876
6 more not listed; retrieve them via the Exa API.