BOYLSTON v. McGRATH


348 Mass. 640 (1965)

204 N.E.2d 906

TOWN OF BOYLSTON vs. JAMES J. McGRATH & another.

Supreme Judicial Court of Massachusetts, Worcester.

March 3, 1965.


Attorney(s) appearing for the Case

John W. Fellows, Town Counsel, for the plaintiff.

No argument or brief for the defendants.

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


WHITTEMORE, J.

This is a bill in equity to enjoin the defendants from maintaining an excavation in adjoining land which deprives the plaintiff's land of lateral support. The bill alleged that because of such excavation the land of the plaintiff has caved in and fallen on the defendants' land and such subsidence is continuing. The relief sought includes restoration of support and damages.

The defendant McDonald filed no pleading. The defendant McGrath (hereinafter...

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