Highland Club v. John Hancock Mutual Life Insurance

This is a bill in equity to enjoin interference by the defendant with an easement of the plaintiff. The evidence is reported, and the judge has voluntarily made findings of fact so completely and in such detail that they may be treated as a report of material facts. Birnbaum v. Pamoukis, 301 Mass. 559, 562, and cases cited. All questions of law, fact and discretion are open for our decision, and if satisfied that any finding of the judge was plainly wrong, we may find facts contrary to such finding. Gordon v. O’Brien, 320 Mass. 739, 740.

The plaintiff owns a lot of land with a two story…