Tortolano v. DiFilippo

This is an appeal by the defendant from a judgment in a jury trial waived case in favor of the plaintiffs.

The plaintiffs are a husband and wife who own a parcel of land and dwelling house located on Horace Street in the city of Providence. The land is situated on a steep hillside which slopes upward from the back of the lot toward Boundary Avenue which runs parallel to Horace Street. The plaintiffs have resided at this location since approximately 1955.

The defendant owns property which extends from Horace Street to Boundary Avenue and which abuts plaintiffs’ property on its southerly and…