LENARI v. KINGSTON


342 Mass. 705 (1961)

175 N.E.2d 384

ANTONE LENARI & another vs. TOWN OF KINGSTON.

Supreme Judicial Court of Massachusetts, Plymouth.

June 7, 1961.


Attorney(s) appearing for the Case

Thomas F. Quinn, for the plaintiffs.

Philip S. Cronin, for the defendant.

Present: WILKINS, C.J., WILLIAMS, WHITTEMORE, CUTTER, & SPIEGEL, JJ.


SPIEGEL, J.

This is a bill in equity to enjoin the town of Kingston from operating its dump so as to constitute a nuisance, a menace to health and property and a trespass, and to assess damages. The case was referred to a master.

A summary of the material facts found by the master follows. The plaintiffs own a cranberry bog and adjacent land of about sixty-eight acres situated in the southwesterly part of Kingston which they purchased in 1933. Since their...

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