Jamaica Pond Aqueduct Corp. v. Chandler

This is an action of tort for the obstruction of a way. The plaintiff claims under a deed from Luther Eames to the aqueduct company, dated November 28, 1795, conveying a mill lot and “ also the privilege of a certain highway appertaining to said mill.” It may be-that it cannot maintain this claim, as it has no title to the mill lot to which this way was appurtenant. Jamaica Pond Aqueduct Corporation v. Chandler, ante, 1. But this is not material in this case, as the presiding justice, who tried the case without a jury, has found as a fact that the plaintiff has acquired by prescription a new…