CROWLEY v. J.C. RYAN CONSTRUCTION, INC.


356 Mass. 31 (1969)

247 N.E.2d 714

JOHN A. CROWLEY & another vs. J.C. RYAN CONSTRUCTION, INC.

Supreme Judicial Court of Massachusetts, Essex.

May 8, 1969.


Attorney(s) appearing for the Case

John P. Ford for the defendant.

Raymond M. Sullivan for the plaintiffs.

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


KIRK, J.

The case is before us on the appeals of the defendant J.C. Ryan Construction, Inc. (Ryan) from an interlocutory decree overruling exceptions to and confirming the master's report, from the final decree, and from an order of a judge denying a motion to strike a paper discussed later in this opinion.

The Crowleys sought and were granted a mandatory injunction to compel Ryan to lower the grade of Crestshire Drive, a private way, as it abuts their land...

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