SCITUATE v. MAXWELL


339 Mass. 436 (1959)

159 N.E.2d 344

TOWN OF SCITUATE vs. BURTON D. MAXWELL & another (and a companion case).

Supreme Judicial Court of Massachusetts, Plymouth.

June 19, 1959.


Attorney(s) appearing for the Case

Walter J. Skinner, for the town of Scituate and others.

Gerald E. Bruen, for Maxwell.

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


CUTTER, J.

On the westerly side of the harbor at Scituate is a town parking area. The defendant, The Welch Co. (hereinafter called Welch), owns land which adjoins the parking area on the north. At the northerly end of Welch's parcel is a pier which extends into the harbor about one hundred feet. Between the northerly edge of the parking area and the southerly side of the wharf is an area of water, about five hundred feet...

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