Massachusetts Supreme Judicial Court March 15, 1848 (Underwood v. Carney)

Forbes, J.

These cases depend substantially upon the same state of facts, upon which two questions arise: first, whether the defendants have a right of passage or way in Morton Place; and, second, if they are entitled to such an easement, whether they have been guilty of such changes, alterations, or abuses of the right, as will enable the plaintiff to maintain actions against them.

1.