City of Bangor v. Lansil
Supreme Judicial Court of Maine
On Exceptions to the ruling of Cutting, J. Case, under § 12, c. 16, of R. S., to recover the amount expended by the plaintiffs in the repair of a drain.
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On Exceptions to the ruling of Cutting, J. Case, under § 12, c. 16, of R. S., to recover the amount expended by the plaintiffs in the repair of a drain. The evidence, affecting the questions of law raised, tended to show that the drain in question was from Lincoln street, through the defendant’s lot, and another lot, to a drain made by the city; that the defendant’s lot was formerly a swale, and the surface water flowed across it, but there was no natural watercourse on it; that Lincoln street was constructed in 1834, and, after that, the surface water flowed in gutters down the street, till…
1Opinion of the Court
The opinion of a majority of the Court was drawn up by
Davis, J.
By our statute of 1821, c. 121, copied from the Massachusetts Act of 1797, a person needing a drain "for his cellar,” or for other purposes, could construct it, upon his own premises, to the street; and then, " by the consent and under the direction of the selectmen,” he, either alone, or with others, might extend it across or along the street, to some suitable place of discharge. If there were several owners, it was a " common sewer.” But, whether owned by one or more, it was a private drain.
Such drains were entirely different…
2Cited by7 opinions
- Cass v. DicksWashington Supreme Court · 1896
- Gregory v. BushMichigan Supreme Court · 1887
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Gillison v. City of CharlestonWest Virginia Supreme Court · 1880
- Franklin v. DurgeeSupreme Court of New Hampshire · 1901
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