E. WHITEHEAD, INC. v. GALLO


357 Mass. 215 (1970)

258 N.E.2d 25

E. WHITEHEAD, INC. vs. JEREMIAH F. GALLO & others.

Supreme Judicial Court of Massachusetts, Worcester.

April 8, 1970.


Attorney(s) appearing for the Case

Matthew R. McCann for the defendants.

William J. LeDoux for the plaintiff.

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


SPIEGEL, J.

In this suit for a declaratory decree the plaintiff seeks to establish a right of way over land owned by the defendants in Worcester known as the Chiltern Hill Drive Extension. The trial judge made "Findings, Rulings and Order for Decree." A final decree was entered favorable to the plaintiff from which the defendants appealed. Subsequent to the argument before this court the parties filed a stipulation.1

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