WARD v. McGLORY


358 Mass. 322 (1970)

265 N.E.2d 78

WALTER H. WARD, executor and individually, vs. ROBERT F. McGLORY & another.

Supreme Judicial Court of Massachusetts, Worcester.

December 8, 1970.


Attorney(s) appearing for the Case

Kendall Burford for the plaintiff.

C.A. Peairs for the defendant McGlory.

Channing R. Coveney for the Massachusetts Electric Company.

Present: SPALDING, CUTTER, KIRK, SPIEGEL, & REARDON, JJ.


KIRK, J.

This is a bill in equity to require the defendant McGlory to remove two electric wire poles erected on the land of the plaintiff and to enjoin the defendant Massachusetts Electric Company from transmitting electricity across the land. The plaintiff also seeks damages.

Following a trial in the Superior Court the judge entered a decree adjudging that an easement granted in a deed executed in 1948 from the plaintiff's predecessors in title to the defendant...

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