Ford v. Erskine
Supreme Judicial Court of Maine
On report. Trespass quare clausum fregit to recover damages for the construction of a road across the plaintiff’s land. Plea, the general issue with a brief statement alleging that any acts done by the defendants on the plaintiff’s land were done in the construction of an alteration of an existing highway laid out by the county commissioners of Lincoln County.
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On report. Trespass quare clausum fregit to recover damages for the construction of a road across the plaintiff’s land. Plea, the general issue with a brief statement alleging that any acts done by the defendants on the plaintiff’s land were done in the construction of an alteration of an existing highway laid out by the county commissioners of Lincoln County. The case was first submitted to the jury on the question of damages which were assessed at $270, and then was reported to the Law Court for determination, with the following stipulations: “If the plaintiff is entitled to recover because…
1Opinion of the CourtBird, J.
This is an action of trespass quare clausum whereby the plaintiff seeks the recovery of damages for the construction of a road across her land in the town of Jefferson. The defendants, pleading the general issue, by way of brief statement claim that any acts done by them upon plaintiff’s land were done in the construction of an alteration of an existing highway laid out by the County Commissioners of Lincoln County.
To establish their justification, the defendants offered the record of the county commissioners, from which it appears that the selectmen of Jefferson duly petitioned the county…
2Cases cited2 opinions
- Commonwealth v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1810
- Smith v. City of BostonMassachusetts Supreme Judicial Court · 1907
3Cited by3 opinions
- Look v. StateSupreme Judicial Court of Maine · 1970
- State Ex Rel. Duraflor Products Co. v. PearcySupreme Court of Missouri · 1930
- United States v. RenfroeU.S. Army Court of Military Review · 1977