Hussey v. Bryant
Supreme Judicial Court of Maine
On report. Trespass quare clausum, tbe trespass alleged being an entry on tbe plaintiff’s land, and tbe construction of a culvert tbereon in August, 1899. Tbe defendant justified bis acts on tbe grounds that whatever was done, was done by him as road commissioner for tbe town of Jay, in tbe building of a road legally located and established over the locus in quo. The case appears in tbe opinion.
1Opinion of the CourtWiswell, C. J.
Action of trespass quare clausum, in which the defendant justifies as the road commissioner of the town and says, that his acts, alleged by the plaintiff to be trespasses, were authorized, because within the limits of a town way duly located by the selectmen and accepted by the inhabitants of the town. The plaintiff answers that the proceedings of the selectmen and inhabitants in locating and accepting the town way were not in strict compliance with the requirements of the statute; that they were therefore insufficient to constitute a condemnation of the land ; and that consequently the…
2Cited by5 opinions
- Kornoff v. Kingsburg Cotton Oil Co.California Supreme Court · 1955
- Stanton v. Trustees of St. Joseph's CollegeSupreme Judicial Court of Maine · 1967
- Slater v. Shell Oil Co.California Court of Appeal · 1943
- Carey v. CyrSupreme Judicial Court of Maine · 1955
- Benton v. Maine State Highway CommissionSupreme Judicial Court of Maine · 1965