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PENDOLEY v. FERREIRA

345 Mass. 309 (1963)

187 N.E.2d 142

FREDERICK M. PENDOLEY & others vs. ALFRED G. FERREIRA & another.

Supreme Judicial Court of Massachusetts, Essex.

January 7, 1963.

Attorney(s) appearing for the Case

Morris J. Gordon for the plaintiffs.

James E. Shaw (Joseph A. Bachorowski with him) for the defendants.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.

CUTTER, J.

Residents of Topsfield by this bill in equity seek to enjoin the defendants (the Ferreiras) from conducting nearby in Boxford a piggery which the plaintiffs contend constitutes a nuisance. They also seek damages. The case was referred to a master, whose report was confirmed. The plaintiffs and the Ferreiras have appealed from the final decree which permanently enjoined the Ferreiras "from operating their piggery...

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