GARRITY v. SHERIN


346 Mass. 180 (1963)

190 N.E.2d 871

T. EDMUND GARRITY vs. DAVID E. SHERIN.

Supreme Judicial Court of Massachusetts, Middlesex.

June 3, 1963.


Attorney(s) appearing for the Case

Walter H. McLaughlin, Jr., for the plaintiff.

Joseph H. Beecher for the defendant.

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


WHITTEMORE, J.

This is the plaintiff's appeal from a final decree in the Superior Court which dismissed his bill to establish a prescriptive right to pass across the defendant's shore front lot on the northeast side of Sagamore Road at Sagamore Beach in the town of Bourne, based on use for over twenty-five years by "the plaintiff and his predecessors in title." The evidence is reported and the judge adopted his "Findings, Rulings of Law and Order for Decree" as a...

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