Mahoney v. Heebner
Cases that cite this one
6 later published cases cite this decision.
- Barnett v. Myerow (Mass. App. Ct. 2019)
- Kay v. Biggs (Ariz. Ct. App. 1970)
- MATTHEW WALSTON & Another v. JAMES BUNN & Others. (Mass. App. Ct. 2026)
- Larson v. Tonneson (N.D. 2019)
- Queenan v. Marchionne (Massachusetts Superior Court 2010)
- Stagman v. Kyhos (Mass. App. Ct. 1985)
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
Final decree affirmed with costs of appeal. The master’s conclusion that the plaintiff and his predecessors in title, by continuous use for more than twenty years, have acquired a right by prescription to use a driveway which passes over the defendants’ land was consistent with and justified by his other findings. Seasonal absence of the plaintiff and his predecessors from their summer residence did not require a finding that the adverse use was not continuous. Kershaw v. Zecchini, 342 Mass. 318, 320-321, and cases cited. Restatement: Property, § 459 (1), comment b. Anno. 24 A. L. R. 2d 632.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.