LEBEL v. BACKMAN


342 Mass. 759 (1961)

175 N.E.2d 362

LOMEO LEBEL vs. ROSA S. BACKMAN & others.

Supreme Judicial Court of Massachusetts, Essex.

June 9, 1961.


Attorney(s) appearing for the Case

Morris Michelson, for the defendants.

John T. Ronan, for the plaintiff.

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


WHITTEMORE, J.

In this bill Lomeo Lebel asked the Superior Court to enjoin Samuel P. and Rosa S. Backman as the owners of premises on Spring Street, Lynn, consisting of a filling station and automobile repair shop, from interfering with Lebel's quiet enjoyment thereof.

The master's report and the exhibits establish the facts stated in this and subsequent paragraphs. One Labovitz, by lease of December 30, 1949 (hereinafter, "the lease"), leased the premises...

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