363 Mass. 879 | Mass. | 1973
This case comes before us for the second time. The parties are owners of abutting property on the north side of Main Street in Wellfleet. Record title shows that the plaintiffs’ land has the benefit of a right of way over land owned by the defendant. The defendant asserts that the easement has been abandoned. A 1969 report of the master was confirmed, a final decree was entered in favor of the defendant and the plaintiffs then appealed. When that appeal came before this court, in 1971, we concluded that the findings of the master were “inadequate on what appears to be the controlling issue in the case, namely, abandonment,” and by an order we remanded the case for rehearing on the issue of abandonment. A further hearing was then held before the master who made additional subsidiary findings and the ultimate finding that the easement was abandoned. The plaintiffs excepted to that ultimate finding. The master’s report after recommittal was confirmed, and a final decree was entered declaring that the plaintiffs have no existing easement over the defendant’s land and enjoining the use by the plaintiffs of the driveway on the defendant’s land. The plaintiffs have appealed from the decree confirming the report of the master after recommittal and from the
So ordered.