Rockland Water Co. v. City of Rockland
Supreme Judicial Court of Maine
On report. This was an action on the case to recover damage alleged to have been done the plaintiffs’ easement as is more fully set forth in the writ, a copy of the declaration in which is set forth beloAv.
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On report. This was an action on the case to recover damage alleged to have been done the plaintiffs’ easement as is more fully set forth in the writ, a copy of the declaration in which is set forth beloAv. For the purpose of determining the law applicable to the case, it is admitted that Rankin street, is a street Avithin the City of Rockland opened to the public, and Avas used as such street before any of the acts mentioned herein; that plaintiffs’ charter was duly accepted by the corporation, and that under its authority the plaintiffs’ water pipe, being a part of its aqueduct, Avas laid…
1Opinion of the CourtHaskell, J.
The plaintiff had a right under its charter to lay its pipes through the streets of defendant city "in such *271manner as not to obstruct or impede travel thereon.” The city, of course, retained the right to repair its streets in the ordinary manner. In picking one of such streets, it is charged with so uncovering one of the plaintiff’s pipes as to expose it to frost. Suppose it did. In the absence of any improper method in so doing, it incurred no liability to the plaintiff. The latter should have laid its pipes in such manner that ordinary and suitable repairs of the road would not affect them.…
2Cited by5 opinions
- First Nat. Bank of Boston v. Maine Turnpike Auth.Supreme Judicial Court of Maine · 1957
- Opinion of the Justices of the Supreme Judicial Court Given Under the Provisions of Section 3 of Article VI of the Constitution Question Propounded by the Senate in an Order Dated April 24, 1957Supreme Judicial Court of Maine · 1957
- Ark. State Highway Comm. v. Ark. Power & Light Co.Supreme Court of Arkansas · 1959
- Bismarck Water Supply Co. v. City of BismarckNorth Dakota Supreme Court · 1912
- Mutual Irrigation Co. v. Baker CityOregon Supreme Court · 1910