Weymouth v. Penobscot Log Driving Co.
Supreme Judicial Court of Maine
ON exoeptioNS and Motion to set aside the verdict. Aii action on the case to recover damages of the defendant corporation for carelessly and negligently preventing the plaintiffs from seasonably delivering 751,290 feet of spruce logs, and 48,780 feet of pine logs, cut and hauled by them in the winter of. 1872-3, on landings on the steam between Caribou lake and Chesuncook lake, at the outlet of Chesuncook lake, in consequence of which 600,000 feet of the plaintiff’s logs…
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ON exoeptioNS and Motion to set aside the verdict. Aii action on the case to recover damages of the defendant corporation for carelessly and negligently preventing the plaintiffs from seasonably delivering 751,290 feet of spruce logs, and 48,780 feet of pine logs, cut and hauled by them in the winter of. 1872-3, on landings on the steam between Caribou lake and Chesuncook lake, at the outlet of Chesuncook lake, in consequence of which 600,000 feet of the plaintiff’s logs were not driven to market in the year 1873, but were left behind in an exposed position, where many were lost, and there…
1Opinion of the CourtDanforth, J.
It is contended that' this action is not maintainable, and the court was requested to instruct the jury that, "The corporation is not by their charter under any legal obligation to drive the logs; but the charter gives them the power to drive, and for all such logs as they do drive, the corporation is to be paid.”
It is claimed that this instruction is required by a fair construction of the terms of the charter.
It is unquestionably true, that when any doubt exists as to the meaning of any language used, it is to be interpreted in the light afforded by the connection in which it is used, the…
2Cited by3 opinions
- Beard v. ClarkeSupreme Court of Minnesota · 1886
- Fidelity Title & Trust Co. v. Kansas Natural Gas Co.District Court, D. Kansas · 1913
- Memphis Union Station Co. v. StrattonTennessee Supreme Court · 1945