Inhabitants of Winthrop v. Fairbanks
Supreme Judicial Court of Maine
On Report from Nisi Prius, Gutting, J., presiding. This was an Action of the Case for disturbing a way which the plaintiffs claimed across land of the late Elijah Fairbanks, jr., the father of the defendant. After the evidence was out, the cause was taken from the jury by consent, and referred to the law Court, with power to find such facts and draw such inferences as a jury might.
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On Report from Nisi Prius, Gutting, J., presiding. This was an Action of the Case for disturbing a way which the plaintiffs claimed across land of the late Elijah Fairbanks, jr., the father of the defendant. After the evidence was out, the cause was taken from the jury by consent, and referred to the law Court, with power to find such facts and draw such inferences as a jury might. If, upon the evidence, the Court were of opinion, that the plaintiffs had a right of way, as alleged by them, the defendant was to be defaulted for nominal damages, otherwise, the plaintiffs were to become nonsuit.…
1Opinion of the CourtTenney, C. J.
Eor some years prior to the year 1811, Elijah Fairbanks, sen., owned a tract of land north and south of Narrow’s pond, so called, and extending therefrom to the east and to the west. It is understood that the residence of the owner was on the north side of the pond. In order to have a convenient mode of access to the land upon the south of the pond, he constructed a way from one side to the other around the eastern end of the pond, as early as the year 1807.
On June 3, 1811, he conveyed a parcel of this land, situated upon the north side of the pond, and called the thirty-two acre piece, to…
2Cases cited2 opinions
- White v. CrawfordMassachusetts Supreme Judicial Court · 1813
- Louisville & Frankfort Railroad v. BallardCourt of Appeals of Kentucky · 1859
3Cited by26 opinions
- Snoddy v. BolenSupreme Court of Missouri · 1894
- McMahon v. WilliamsSupreme Court of Alabama · 1885
- Virgin v. GarrettSupreme Court of Alabama · 1936
- Winston v. JohnsonSupreme Court of Minnesota · 1890
- Biles v. Tacoma, Olympia & Gray's Harbor RailroadWashington Supreme Court · 1893
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