Hayes v. Di Vito
Cases that cite this one
2 later published cases cite this decision.
- Robert Williams, Inc. v. Ferris (Mass. 1969)
- Metropolitan District Commission v. Cataldo (Mass. 1926)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.