Massachusetts Supreme Judicial Court, 1964

Orient Realty Inc. v. De Mauro

Orient Realty Inc. v. De Mauro
Massachusetts Supreme Judicial Court · Decided December 1, 1964
348 Mass. 774; 202 N.E.2d 810

Orient Realty Inc. v. De Mauro

Opinion of the Court

Decree affirmed with costs to the defendant. A master was justified by his subsidiary findings in concluding in effect that De Mauro, with the plaintiff’s consent, reasonably improved a way without excess excavation, damage to the plaintiff, or material interference with the road level near the plaintiff’s buildings. Upon the basis of the confirmed master’s report a final decree dismissing the bill (seeking principally restoration of removed soil) was properly entered.

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