Franklin Wharf Co. v. City of Portland
Supreme Judicial Court of Maine
On report. Case, in tort, for obstructing entrance to plaintiffs’ wbarf in Portland, by solid deposits of sewage. The plaintiffs are a corporation established and holding wharf property, in Portland, by virtue of Private Laws of 1850, c. 415, of Private Laws of 1857, c. 98, and of Private Laws of 1871, c. 661. The plaintiff corporation offered to prove that in 1860 the defendant corporation constructed a sewer through Thames St., and made an outlet for it, into and at.the…
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On report. Case, in tort, for obstructing entrance to plaintiffs’ wbarf in Portland, by solid deposits of sewage. The plaintiffs are a corporation established and holding wharf property, in Portland, by virtue of Private Laws of 1850, c. 415, of Private Laws of 1857, c. 98, and of Private Laws of 1871, c. 661. The plaintiff corporation offered to prove that in 1860 the defendant corporation constructed a sewer through Thames St., and made an outlet for it, into and at.the head of the dock on the easterly side of the plaintiffs’ wharf; that this dock before the construction of the sewer had…
1Opinion of the CourtDickerson, J.
Though the case does not show the precise time when the outlet to the sewer in controversy was built, it is reasonable to conclude from the order of the mayor and aider-men passed Jan. 20, 1860, “authorizing the committee on drains, &c., to construct and extend the sewer which has its outlet in Thames street through Thames street to the dock,” and the report of that committee to the mayor and aldermen on March 30, 1860, “that they had built a portion of the same” and “recommending that the completion thereof be referred to the next city council,” that it was built under the authority of §§ 2…
2Cases cited4 opinions
- Haskell v. City of New BedfordMassachusetts Supreme Judicial Court · 1871
- Brayton v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
- Inhabitants of Arundel v. M'CullochMassachusetts Supreme Judicial Court · 1813
- Gerrish v. BrownSupreme Judicial Court of Maine · 1863
3Cited by10 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Foss v. Maine Turnpike AuthoritySupreme Judicial Court of Maine · 1973
- Hines v. . Rocky MountSupreme Court of North Carolina · 1913
- Lovejoy v. Town of DarienSupreme Court of Connecticut · 1945
- Sayre v. Mayor of NewarkSupreme Court of New Jersey · 1900
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