Raffaele Abatiell Et Al v. Cleo D. Morse

This is a bill in chancery to enjoin the obstruction of a claimed right of way. After a hearing findings of fact were made, and a decree was entered dismissing the bill. The case is here upon plaintiff's exceptions. The findings, so far as here material, show that the plaintiffs own a lot of land upon the easterly side of Strongs Avenue in the City of Rutland, upon which is a large building containing in the northerly part thereof a store upon the ground floor and an apartment over the store. The land next north of this lot is owned by the defendant. The division line runs along the north side of plaintiffs' building, and so near to it that the plaintiffs do not own enough land on that side to permit passage from Strongs Avenue to the rear thereof either on foot or with vehicles. There is a rear entrance to the apartment and to the store on the north side of the building located about fifty feet from Strongs Avenue. There is no way to reach this entrance without passing over defendant's land. There is also a front entrance to the store and to the apartment directly from Strongs Avenue. Since they purchased the property in 1916 the plaintiffs have claimed to own enough land north of their building to permit passage with motor vehicles, and at no time intended to claim only to the true line, wherever that line might be. Plaintiffs now claim a right of way there. In 1916, and for many years thereafter, the defendant's lot was vacant except for billboards standing thereon. In 1932 or 1933 a filling station was erected thereon. Findings 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 28, 30, 31 and 32 read as follows: