MORGAN v. EVANS

No. 93-P-1802.

39 Mass. App. Ct. 465 (1995)

JOYCE V. MORGAN & another vs. CRAIG R. EVANS & another.

Appeals Court of Massachusetts, Essex.

December 1, 1995.


Attorney(s) appearing for the Case

Craig E. Stewart for the plaintiffs.

Robert H. Monheimer (Eileen Weicher with him) for the defendants.

Present: ARMSTRONG, SMITH, & LAURENCE, JJ.


SMITH, J.

On August 22, 1986, the plaintiffs, Joyce V. Morgan and Kathryn D. Vining, mother and daughter respectively, commenced a trespass, nuisance, and negligence action against the defendants, Craig and Constantina Evans. The complaint alleged that the defendants had constructed a building upon a foundation that extended approximately one foot onto the plaintiffs' land.

After answering and filing a counterclaim...

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