Home Investment Co. v. Iovieno
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on January 20,1921, for an injunction restraining the defendants from trespassing upon, passing over or using Jordan Promenade, property of the plaintiff bordering on Jordan Pond in Shrewsbury, for the storage and transportation of ice. In the Superior Court, the suit was referred to a master. Material facts, found by him in a report which did not include a report of the evidence, are described in the opinion.
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Bill in equity, filed in the Superior Court on January 20,1921, for an injunction restraining the defendants from trespassing upon, passing over or using Jordan Promenade, property of the plaintiff bordering on Jordan Pond in Shrewsbury, for the storage and transportation of ice. In the Superior Court, the suit was referred to a master. Material facts, found by him in a report which did not include a report of the evidence, are described in the opinion. Exceptions to the report, filed by the plaintiff and by the defendants, were heard by Lawton, J., by whose order there were entered an…
1Opinion of the CourtRugg, C.J.
The defendants are the owners of two lots of land in Shrewsbury by deed from the plaintiff definite in boundaries both by directions and distances and by reference to a recorded plan., Their lots are separated from a great pond by a strip of land about sixteen feet in width, the title to which is in the plaintiff. This strip of land is part of a path extending by the shore of the great pond for a long distance, laid out on the recorded plan as Jordan Promenade. It is a way which for *123many years has been used by picnickers, hunters,. fishermen and others who resort to the great pond.
The…
2Cases cited16 opinions
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Mabardy v. McHughMassachusetts Supreme Judicial Court · 1909
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Orpin v. MorrisonMassachusetts Supreme Judicial Court · 1918
- Prentiss v. City of GloucesterMassachusetts Supreme Judicial Court · 1920
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Dale v. BedalMassachusetts Supreme Judicial Court · 1940
- Doody v. SpurrMassachusetts Supreme Judicial Court · 1943
- Nelson v. American Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1930
- Bland v. BregmanSupreme Court of Connecticut · 1937
- Ward v. McGloryMassachusetts Supreme Judicial Court · 1970
5 more not listed; retrieve them via the Exa API.