Legal Opinion

Barrett v. City of Bangor

Supreme Judicial Court of Maine

Decided November 5, 1879Published

On exceptions, to the rulings and instructions of the officer presiding over sheriff’s jury upon a question of damages under Stat. 1876, c. 264, § 4, and motion to set aside the verdict. The facts and questions presented are sufficiently stated in the opinion. cited Stat. 1876, c. 168, 1876, c. 260. B. dk P. P.B.

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On exceptions, to the rulings and instructions of the officer presiding over sheriff’s jury upon a question of damages under Stat. 1876, c. 264, § 4, and motion to set aside the verdict. The facts and questions presented are sufficiently stated in the opinion. cited Stat. 1876, c. 168, 1876, c. 260. B. dk P. P.B. Co. v. Me Comb, 60 Maine, 290. Vinton v. Welch,-9 Pick. 87. Lunt v. Hunter, 16 Maine, 9. Parker v. Cutler, 20 Maine, 353. State v. Wilson, 42 Maine,9. Stat. 1869, c. 49. E. S., c. 18, § 53. Stat. 1872, c. 46. Rogers v. Judd, 5 Yt. 223. cited Burr v. B. ds M. R. R., 64 Maine, 131.…

1Opinion of the CourtAppleton, C. J.

In 1875 “an act for supplying the city of Bangor with water” was passed. By § 2 the city was authorized to erect a dam across the Penobscot river. The act was amended by c. 260 of the special acts of 1876.

By § 4 of the last named act, it is provided that the “said city shall be liable to pay all damages that shall be sustained by any person or corporations in their property, by the taking of any land or by ffowage, or excavating through any land for the pur" pose of laying down pipes, building dams or constructing reservoirs, or making excavations.” In case of disagreement the damages are “to…

2Cases cited1 opinion

  1. Wing v. Inhabitants of ChesterfieldMassachusetts Supreme Judicial Court · 1874

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