Smith v. Dickson

WILLIAMSON, Chief Justice.

This complaint in trespass was heard by a Justice of the Superior Court without a jury. The defendant appeals from a judgment for the plaintiffs with damages assessed at $1.00.

The main question is whether there is a public way, sometimes called the “old county road,” or “winter ferry” road, legally existing across the plaintiffs’ land from the upper cove, so-called, on the Kennebec River north of the plaintiffs’ house southerly to Washington Street, a city street in Bath, terminating on the plaintiffs’ land.

The defendant admits that he entered on the plaintiffs’ land…