DEACY v. CHARLES CONSTRUCTION CO. INC.


354 Mass. 675 (1968)

241 N.E.2d 397

JOHN DEACY vs. CHARLES CONSTRUCTION CO., INC. & others.

Supreme Judicial Court of Massachusetts, Essex.

November 5, 1968.


Attorney(s) appearing for the Case

John C. Reardon for the plaintiff.

Edward F. Cregg for Greater Lawrence Young Women's Christian Association.

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


KIRK, J.

The plaintiff Deacy seeks to enjoin the defendants from interfering with his alleged rights in a "common passageway," later to be described, at the rear of a parcel of land owned by him at 32 Lawrence Street, Lawrence. The case was referred to a master whose report was confirmed by an interlocutory decree from which no appeal was taken. With the case in this posture the only question before us on appeal from the final decree is whether the findings, which...

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