RICHMOND-WELLINGTON HOTEL CO. v. COLLINS


336 Mass. 360 (1957)

145 N.E.2d 818

RICHMOND-WELLINGTON HOTEL COMPANY vs. CLAYTON F. COLLINS & others.

Supreme Judicial Court of Massachusetts, Berkshire.

November 6, 1957.


Attorney(s) appearing for the Case

Benjamin Apkin, for the defendants.

Walter J. Donovan & J. Norman O'Connor, for the plaintiff.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.


SPALDING, J.

The objective of this bill for declaratory relief is to determine the rights of the parties in a passageway.

The judge made findings of material facts which we summarize as follows: From sometime prior to December 31, 1936, down to the present, the plaintiff owned in fee a building on the south side of Main Street in North Adams which it operated as a hotel. It also owned in fee a theatre building in the rear, which fronted on a way known as Hadley...

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