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eBook details

• Title: Gorton v. Schofield
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 02, 1942
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

DOLAN, Justice. This is a bill in equity by which the plaintiff seeks to compel the defendant to rebuild or repair a retaining wall on the defendant's land which provides lateral support to the plaintiff's land. The Judge entered an interlocutory decree overruling the defendant's exceptions to the master's report and confirming the same, and a final decree ordering the defendant to 'provide adequate support to the plaintiff's land, at the rear thereof, adjoining the retaining wall * * * by strengthening the said retaining wall now existing, or by any other effective means which will provide adequate support to the plaintiff's land * * * [and enjoining the defendant] from doing any acts, or permitting any acts to be done, which will weaken further said retaining wall or in any way deprive the plaintiff's land of its present lateral support.' Under the terms of the decree the defendant was further enjoined from removing props and beams supporting a portion of the retaining wall 'until permanent support to the plaintiff's land is made,' and the defendant was ordered to pay the plaintiff $15 (damages) and costs. The defendant's appeal from the final decree brings the case before us. Material facts found by the master follows: The plaintiff is the owner of a parcel of land with a dwelling house thereon situated on the southerly side of Middle Street in Gloucester. The lot runs easterly along the street sixty-five and thirty-seven hundredths feet, southerly one hundred one and seventy-six hundredths feet, then westerly eighty-three and twenty hundredths feet and northerly one hundred and sixty-five hundredths feet. 1 The defendant's lot faces on Main Street which runs parallel to Middle Street and the rear of his lot adjoins and abuts the rear of the plaintiff's lot. The defendant's lot extends back from Main Street about one hundred sixty-six feet, the deeds describing it as running back as far as the Gorton lot. The retaining wall is erected on the rear line of the defendant's property and is 'constructed entirely upon the Schofield land.' The wall is three feet from the plaintiff's boundary line at the southeast corner of the Gorton lot and coincides with the boundary line at a point two feet from the southwest corner. On the top course of the wall there are five stones which project toward Middle Street. Three of these stones project a few inches over the Gorton line and are used as supports for perpendicular poles which are part of a wire fence constructed on the plaintiff's land along its rear boundary to a jog in the wall.

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