Lyon v. Hamor
Supreme Judicial Court of Maine
On report. Trespass guare clausum upon the plaintiff’s close in the town of Eden. The sole question presented was upon the legality of the laying out of a private way by the selectmen of the town of Eden. By the terms of the report if the action is not maintainable, the plaintiff is to be nonsuit, if maintainable the defendant to be defaulted and damages settled at nisiprius.
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On report. Trespass guare clausum upon the plaintiff’s close in the town of Eden. The sole question presented was upon the legality of the laying out of a private way by the selectmen of the town of Eden. By the terms of the report if the action is not maintainable, the plaintiff is to be nonsuit, if maintainable the defendant to be defaulted and damages settled at nisiprius. The material facts affecting the legality of laying out the private way are stated in the opinion. cited: Cooley’s Const. Lim. 530, 531, 413, 411; Sadler v. Langham, 34 Ala. 311; Osborn v. Hart, 24 "Wisconsin, 89 ;…
1Opinion of the CourtAppleton, C. J.
This is an action brought to determine the legal location of a private way laid out for the benefit of the defendant.
By R. S., c. 18, § 18, the selectmen of a town are authorized to lay out private ways for one or more of its inhabitants, leading from land "under improvement in a town to a town or highway,” § 23. A mill lot upon which a mill is erected is cultivated or improved land equally within the letter and the spirit of the statute.
But the taking of the land of one man for the use of another is the taking of land for private purposes. Waiving the question of the constitutionality of a…
2Cited by2 opinions
- Eisenbarth v. DelpIdaho Supreme Court · 1950
- Fitzhugh v. NirschlOregon Supreme Court · 1915