LIZZO v. DRUKAS


333 Mass. 242 (1955)

129 N.E.2d 892

ANTONIO LIZZO & another vs. GEORGE C. DRUKAS & another.

Supreme Judicial Court of Massachusetts, Suffolk.

November 9, 1955.


Attorney(s) appearing for the Case

Mario Misci, for the plaintiffs, submitted a brief.

James F. Mulligan, for the defendants.

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


SPALDING, J.

This is a bill in equity for a mandatory injunction compelling the defendants to remove fill alleged to have been placed on a way over which the plaintiffs had a right of passage. The judge made findings of material facts and ordered the entry of a decree that the defendants pay to the plaintiffs the sum of $200. From a decree entered accordingly the plaintiffs appealed. The evidence is not reported.

The plaintiffs challenge the decree solely...

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