Legal Opinion

Boston & Maine Railroad v. Small

Supreme Judicial Court of Maine

Decided May 31, 1893PublishedCited by 5 opinions

On report. This was an action of trespass in which the plaintiff claimed damages of the defendant, a deputy sheriff, for breaking and entering one of its freight cars on November 7, 1891, at Biddeford, by destroying the lock and seal and a portion of the door; and having entered with a search' warrant against certain intoxicating liquors, alleged to be in the car, bored a hole in a barrel of alchohol found therein, seized nothing, and returned upon the warrant that he found…

Read the full summary

On report. This was an action of trespass in which the plaintiff claimed damages of the defendant, a deputy sheriff, for breaking and entering one of its freight cars on November 7, 1891, at Biddeford, by destroying the lock and seal and a portion of the door; and having entered with a search' warrant against certain intoxicating liquors, alleged to be in the car, bored a hole in a barrel of alchohol found therein, seized nothing, and returned upon the warrant that he found no liquors. The facts appear in the opinion. Warrant insufficient: It contained no direction to search any car while in…

1Opinion of the CourtEmery, J.

The plaintiff corporation as a common carrier, had in its possession on one of its side tracks, in Biddeford, a box freight car laden with merchandise for various parties, and locked and sealed. While the car was in this situation and condition, the defendant, a deputy sheriff for York county, armed with a search warrant from the Biddeford municipal' court under B. S., c. 27, § 40, broke the lock and door, and entered the car in the night time, soon after midnight. His warrant commanded him to "therein search for intoxicating liquors, and if there found to seize and safely keep the same with…

2Cases cited4 opinions

  1. Brock v. StimsonMassachusetts Supreme Judicial Court · 1871
  2. Phillips v. FaddenMassachusetts Supreme Judicial Court · 1878
  3. Dehm v. HinmanSupreme Court of Connecticut · 1887
  4. Hinks v. HinksSupreme Judicial Court of Maine · 1859

3Cited by5 opinions

  1. Piedmont Hotel Co. v. HendersonCourt of Appeals of Georgia · 1911
  2. Saliem v. GlovskySupreme Judicial Court of Maine · 1934
  3. Gibson v. HolmesSupreme Court of Vermont · 1905
  4. Sanders v. ClineSupreme Court of Oklahoma · 1908
  5. Clark v. TiltonSupreme Court of New Hampshire · 1907

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API