Rollins v. Clay
Supreme Judicial Court of Maine
On report from Nisi Prius, Howard, J. presiding. Trespass quare clausum fregit, brought against the testator to recover damages for taking away the plaintiff’s boom. The general issue with brief statement was pleaded. Documentary and oral evidence was introduced by the parties. The case was then submitted to the full Court with authority to draw inferences of fact, and to appoint an assessor of damages, if there should be any occasion for an assessment.
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On report from Nisi Prius, Howard, J. presiding. Trespass quare clausum fregit, brought against the testator to recover damages for taking away the plaintiff’s boom. The general issue with brief statement was pleaded. Documentary and oral evidence was introduced by the parties. The case was then submitted to the full Court with authority to draw inferences of fact, and to appoint an assessor of damages, if there should be any occasion for an assessment. The evidence showed, that in 1832, Mrs. Olive Rollins leased to Usher and Weston, acting in behalf of the Kennebec Boom Corporation, the…
1Opinion of the CourtSheplet, C. J.
— Olive Rollins, being the owner of a farm adjoining the Kennebec river on March 21, 1832, leased “ all the shores and flats of her said land” for the term of thirty years to the Kennebec Boom Corporation for an annual rent agreed to be paid by Ellis B. Usher and Benjamin Weston, jr., who represented the corporation, and with whom the contract was made. On March 20, 1835, she conveyed that farm to the plaintiff, “ reserving however for the time being the flats and shore on the Kennebec river, which I have leased to the Kennebec Boom Company, about three years ago, for the term of thirty…
2Cases cited2 opinions
- Wolcot v. KnightMassachusetts Supreme Judicial Court · 1810
- Green v. WatkinsSupreme Court of the United States · 1822
3Cited by9 opinions
- Ervin v. Oregon Ry. & Nav. Co.U.S. Circuit Court for the District of Southern New York · 1886
- Tower Hill-Connellsville Coke Co. of West Virginia v. Piedmont Coal Co.Court of Appeals for the Fourth Circuit · 1933
- Doe Run Lead Co. v. MaynardSupreme Court of Missouri · 1920
- Hanrahan v. AndersenMontana Supreme Court · 1939
- Venner v. Southern Pac. Co.Court of Appeals for the Second Circuit · 1922
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