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LUKE v. MASSACHUSETTS TURNPIKE AUTHORITY

337 Mass. 304 (1958)

149 N.E.2d 225

PRISCILLA W. LUKE vs. MASSACHUSETTS TURNPIKE AUTHORITY & others.

Supreme Judicial Court of Massachusetts, Berkshire.

April 8, 1958.

Attorney(s) appearing for the Case

Frederick M. Myers, Jr., for the plaintiff.

John O. Parker, (Norman B. Silk & Richard Ely with him,) for the Massachusetts Turnpike Authority.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & WHITTEMORE, JJ.

WILKINS, C.J.

This bill in equity seeks a declaratory decree as to the validity of a taking by eminent domain by the defendant Massachusetts Turnpike Authority of a permanent easement across land of the plaintiff and land of the defendants Ford, locating there a private way, and granting easements in it to the plaintiff and the defendants Powers and Ford. The facts were agreed, and the case is here upon a report without decision. G.L. (Ter. Ed.) c. 231, § 111...

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