Legal Opinion

Clark v. Coburn

Supreme Judicial Court of Maine

Decided February 20, 1911PublishedCited by 6 opinions

On exceptions by defendant. Trespass quare clausum fregit alleging that the defendant broke and entered the plaintiff’s close in the town of Greene, and there trod down, trampled upon and spoiled the grass there growing, etc.

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On exceptions by defendant. Trespass quare clausum fregit alleging that the defendant broke and entered the plaintiff’s close in the town of Greene, and there trod down, trampled upon and spoiled the grass there growing, etc. Plea, the general issue with brief statement alleging "that he entered upon the land described in the plaintiff’s writ at the time alleged in said writ as the employee and agent of the Valley Cemetery Company, a duly organized corporation which company was then and there rightfully and legally in possession of said land by virtue of proceedings taken by it and the…

1Opinion of the CourtEmery, C. J.

The statute, R. S., ch. 20, sec. 8, as amended by ch. 60 of the Public Laws of 1907, provides that "The municipal officers of any town may on petition of ten voters enlarge any . . . incorporated cemetery or burying ground within the town by taking the land of adjacent owners,” etc. In the town of Greene was a cemetery known as the Valley Cemetery, established and administered by the Valley Cemetery Company, a corporation. This cemetery was bounded on the northwest by the southeast line of a county road which was some fifty-five feet wide. The municipal officers of Greene upon petition under…

2Cited by6 opinions

  1. Finks v. Maine State Highway CommissionSupreme Judicial Court of Maine · 1974
  2. Orono-Veazie Water District v. Penobscot County Water Co.Supreme Judicial Court of Maine · 1975
  3. In Re Bangor Hydro-Electric CompanySupreme Judicial Court of Maine · 1974
  4. Aalberg v. StevensSupreme Judicial Court of Maine · 1985
  5. Valentine v. LamontNew Jersey Superior Court Appellate Division · 1952

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