Hayes v. Di Vito
141 Mass. 233 | Mass. | 1886
The defendants had a right of way over the locus as appurtenant to lot A2; the plaintiff had no right to obstruct the passageway with gates; and the defendants lawfully broke down the gates in the exercise of their right to remove the obstructions.
The fact that the defendants also claimed a right in the passageway as appurtenant to lot B did not give the plaintiff a right to obstruct it, and did not impair the right of the defendants to remove the obstruction. They did only what they had a
Exceptions overruled.