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CUMBIE v. GOLDSMITH

387 Mass. 409 (1982)

439 N.E.2d 815

RICHARD L. CUMBIE & another vs. SYBIL GOLDSMITH & others (and a companion case).

Supreme Judicial Court of Massachusetts, Nantucket.

September 8, 1982.

Attorney(s) appearing for the Case

Thomas J. Freedman for Richard L. Cumbie & another.

Steven Greenzang (Michael Driscoll with him) for Sybil Goldsmith & others.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, & O'CONNOR, JJ.

BY THE COURT.

Richard and Daniele Cumbie own a small parcel of land at the western end of a private way, Wyer's Lane. The lane provides the only access to their parcel. Parcels owned by Sybil Goldsmith and Robert Epple are across Wyer's Lane from each other and abut Wyer's Lane and the Cumbies' parcel.3 At trial, the parties stipulated that the Cumbies "have, as appurtenant to their property...

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