Inhabitants of Brookline v. Whidden
Massachusetts Supreme Judicial Court
Two bills in equity, filed in the Superior Court on January-29, 1914, by the town of Brookline against the owners of lots abutting on a private way or street called Essex Street constituting an extension of the public highway of that name in the part of Brookline called Longwood, the first suit, against the defendant Whidden, being brought to compel the removal of a brick wall extending into such private way, and the second suit, against the defendant Loring, being brought…
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Two bills in equity, filed in the Superior Court on January-29, 1914, by the town of Brookline against the owners of lots abutting on a private way or street called Essex Street constituting an extension of the public highway of that name in the part of Brookline called Longwood, the first suit, against the defendant Whidden, being brought to compel the removal of a brick wall extending into such private way, and the second suit, against the defendant Loring, being brought to compel the removal of a portion of a building of that defendant extending into such private way. The two cases were…
1Opinion of the CourtRugg, C. J.
These are suits in equity whereby the plaintiff seeks to have removed obstructions placed by each of the defendants in a private way known as Essex Street in the town of Brookline. The plaintiff, as grantee in deeds of two parcels of land, one called the Amory Playground and the other Mason *488Square, asserts proprietary ownership of rights of way in Essex Street. The cases were referred to a master, whose findings of fact must be accepted as true since there is no report of the evidence.
Summarily stated, the material circumstances are that in 1827, by indenture duly executed and recorded,…
2Cases cited19 opinions
- Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
- Stevens v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1914
- Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
- Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912
- Parsons v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
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3Cited by12 opinions
- Anzalone v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1926
- Geragosian v. Union Realty Co.Massachusetts Supreme Judicial Court · 1935
- Building Commissioner v. C. & H. Co.Massachusetts Supreme Judicial Court · 1946
- Dubinsky v. CamaMassachusetts Supreme Judicial Court · 1927
- Building Commissioner v. McManusMassachusetts Supreme Judicial Court · 1928
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