Hinks v. Hinks
Supreme Judicial Court of Maine
Reported by Rice, J. Trespass guare clausum. This action was submitted, on a report of the evidence at Nisi Pruts, to the full Court, with jury powers.
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Reported by Rice, J. Trespass guare clausum. This action was submitted, on a report of the evidence at Nisi Pruts, to the full Court, with jury powers. The plaintiff alleges in his writ that the defendant broke and entered his close in Bucksport, on divers days and times between a certain day named, and the date of the writ, and threw down and left down the plaintiff’s bars, exposing his field to damage, and subjecting him to loss of time, expense and inconvenience in repairing them, &c. The action was originally brought before a justice of the peace, from whose judgment the defendant…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, J.
This is an action of trespass quare clausum. The defendant justifies under a right of way over the premises.
It appears that a road was laid out over the locus in quo and accepted in 1810, which has been used by the public ever since. The selectmen, after describing the limits of the road, express an opinion that “ two bars or gates may be kept up across the road.” This purports only to be the expression of their opinion. It may well be questioned whether they had authority to do more than to lay out the road. If they had, it does not seem…
2Cases cited1 opinion
- Gardner v. CampbellNew York Supreme Court · 1818
3Cited by2 opinions
- Flessher v. Carstens Packing Co.Washington Supreme Court · 1916
- Boston & Maine Railroad v. SmallSupreme Judicial Court of Maine · 1893