CASELLA v. SNEIERSON


325 Mass. 85 (1949)

89 N.E.2d 8

CARMELA CASELLA vs. ROBERT W. SNEIERSON & another.

Supreme Judicial Court of Massachusetts, Middlesex.

December 5, 1949.


Attorney(s) appearing for the Case

J.C. Collins, for the plaintiff.

P.S. Belson, (J.M. Esterkes with him,) for the defendants.

Present: QUA, C.J., RONAN, WILKINS, SPALDING, & COUNIHAN, JJ.


SPALDING, J.

The plaintiff brings this bill in equity to restrain the defendant from erecting a garage on land over which the plaintiff claims to have a right of way. The evidence is reported and the judge made a report of the material facts found by him.

The pertinent facts may be summarized as follows: The plaintiff is the owner of a lot of land in Waltham on which there is a dwelling. The defendants own land which adjoins the plaintiff's lot to the west...

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