Mussey v. Cahoon
Supreme Judicial Court of Maine
On Report from Nisi Prius, Howard, J. presiding. Trespass for tearing down and removing a shop, belonging to the plaintiff and situated at the head of his wharf in Portland. It was admitted that Cahoon, as Mayor of the city, directed Webb to remove the shop, and that it was taken down and removed by Cummings under Webb’s directions.
Read the full summary
On Report from Nisi Prius, Howard, J. presiding. Trespass for tearing down and removing a shop, belonging to the plaintiff and situated at the head of his wharf in Portland. It was admitted that Cahoon, as Mayor of the city, directed Webb to remove the shop, and that it was taken down and removed by Cummings under Webb’s directions. It was proved by the plaintiff, that the shop was worth $300 to remain where it stood, or $250 to be removed; and that some fragments of its materials, after lying eight or ten days upon the wharf, were sold by Webb for $20. It was shown, in defence, that in…
1Opinion of the CourtHoward, J.
The city council had exclusive authority and power to lay out and alter streets in the city of Portland; and to estimate the damages any individual may sustain thereby.” Special Laws, 1832, chap. 248, sect. 6; Act of 1837, chap. 25.
It is admitted, for the purposes of this trial, that Commercial street, in that city, was duly laid out, in March, 1850 ; and that the building taken down by the defendants, on Aug. 8, 1850, was standing within the limits of that street. The committee for laying it out, and estimating the damages, used the following language, in their report, — “ It being…
2Cases cited2 opinions
- Allen v. CrofootNew York Supreme Court · 1830
- Adams v. FreemanNew York Supreme Court · 1812
3Cited by2 opinions
- Kellogg v. MalickWisconsin Supreme Court · 1905
- Humphreys Oil Co. v. LilesCourt of Appeals of Texas · 1924