Foley v. McGonigle

Massachusetts Appeals Court

Foley v. McGonigle

326 N.E.2d 723, 3 Mass. App. Ct. 746

CourtMassachusetts Appeals Court

DecidedApril 30, 1975

StatusPublished

Cited by13 cases

This text of 326 N.E.2d 723 (Foley v. McGonigle) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foley v. McGonigle, 326 N.E.2d 723, 3 Mass. App. Ct. 746 (Mass. Ct. App. 1975).

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Opinion

The defendant, as the party asserting an easement over the lane in question, had the burden of proving the nature and extent of any such easement. Swensen v. Marino, 306 Mass. 582, 583 (1940). Fortier v. H. P. Hood & Sons, Inc. 307 Mass. 292, 299 (1940). Goldstein v. Beal, 317 Mass. 750, 757 (1945). The fact that the plaintiff initiated this proceeding for declaratory relief does not shift that burden to him. Stop & Shop, Inc. v. Ganem, 347 Mass. 697, 703-704 (1964). That other persons, not before the court, may also have rights of passage over or own portions of the lane does not prevent the adjudication as between the plaintiff and the defendant of the latter’s rights (if any) in such portion of the lane as may be owned by the plaintiff. The judgment is reversed, and the case is remanded for further proceedings not inconsistent with the foregoing.

So ordered.

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The defendant, as the party asserting an easement over the lane in question, had the burden of proving the nature and extent of any such easement. Swensen v. Marino, 306 Mass. 582, 583 (1940). Fortier v. H. P. Hood & Sons, Inc. 307 Mass. 292, 299 (1940). Goldstein v. Beal, 317 Mass. 750, 757 (1945). The fact that the plaintiff initiated this proceeding for declaratory relief does not shift that burden to him. Stop & Shop, Inc. v. Ganem, 347 Mass. 697, 703-704 (1964). That other persons, not before the court, may also have rights of passage over or own portions of the lane does not prevent the adjudication as between the plaintiff and the defendant of the latter’s rights (if any) in such portion of the lane as may be owned by the plaintiff. The judgment is reversed, and the case is remanded for further proceedings not inconsistent with the foregoing.

So ordered.

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326 N.E.2d 723, 3 Mass. App. Ct. 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foley-v-mcgonigle-massappct-1975.

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