Wilson v. Simmons
Supreme Judicial Court of Maine
On Report and Exceptions by Plaintiee. This was an action of trespass q. c. against the street commissioner of the city of Rockland for removing certain trees, digging up the soil, and other trespasses in front of the plaintiff’s house on Main street, while constructing a sidewalk in the month of October, 1894. The defendant justified his act as road commissioner of Rockland, alleging that the trees were within the located limits of the highway.
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On Report and Exceptions by Plaintiee. This was an action of trespass q. c. against the street commissioner of the city of Rockland for removing certain trees, digging up the soil, and other trespasses in front of the plaintiff’s house on Main street, while constructing a sidewalk in the month of October, 1894. The defendant justified his act as road commissioner of Rockland, alleging that the trees were within the located limits of the highway. The plaintiff’s deed, dated in 1838, bounds her premises on the street or road; and, although the road is an ancient highway, no record of its laying…
1Opinion of the CourtWhitehottse, J.
This case comes to the law court on report and exceptions. It is an action of trespass quare clausum, brought against the road commissioner of Fockland, for damages alleged to have been sustained by the construction of a sidewalk within the *248located limits of Main street in that city. The plaintiff contends that the location of the street relied upon by the defendant, was not a legal and valid one; and secondly, that in removing certain large trees in front of her house, the defendant acted wantonly, oppressively and maliciously, and thereby forfeited all claim to the justification which a…
2Cases cited5 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Denniston v. ClarkMassachusetts Supreme Judicial Court · 1878
- Bay State Brick Co. v. FosterMassachusetts Supreme Judicial Court · 1874
- Morrison v. HoweMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. Inhabitants of Great BarringtonMassachusetts Supreme Judicial Court · 1810
3Cited by13 opinions
- Bunten v. Rock Springs Grazing Ass'nWyoming Supreme Court · 1923
- Wadsworth v. Town of MiddletownSupreme Court of Connecticut · 1920
- Morris v. Salt Lake CityUtah Supreme Court · 1909
- Edwards v. CooperIndiana Supreme Court · 1907
- Webber v. Salt Lake CityUtah Supreme Court · 1911
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