Gilligan v. Aldermen of Providence

We think the words “ any.abutting owner,” as used in Gen. Stat. R. I. cap. 60, § 38, are comprehensive enough to include a tenant for life or years, or from year to year, of the abutting estate, as well as the owner of the fee. A lessee is an owner pro tanto of the estate which is leased to him. This construction, moreover, is in keeping with the meaning which obviously belongs to the word “ owner,” in Gen. Stat. R. I. cap. 59, § 4 (as see cap. 59, § 6), and with the rule of construction given in cap. 22, § 9. We grant the writ of mandamus. Petition granted.