Inhabitants of Freedom v. Weed
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Tenney, J. presiding. Case against the defendant for taking up and destroying a bridge built by plaintiffs over a stream in said Freedom, being a part of one of the public highways in that town, and which the inhabitants were bound to keep in repair.
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On Exceptions from Nisi Prius, Tenney, J. presiding. Case against the defendant for taking up and destroying a bridge built by plaintiffs over a stream in said Freedom, being a part of one of the public highways in that town, and which the inhabitants were bound to keep in repair. Evidence was introduced by plaintiffs in support of the allegations in their writ showing that defendant had broken up the bridge and fenced up the road, and that it would cost §250 or $300 to put the bridge and road in repair, as it was before the wrongful acts of the defendant. There was no allegation in the writ…
1Opinion of the CourtTenney, J.
The action is case for an alleged injury to a bridge, upon a county road, in the town of Freedom, no attempts having been made to repair the injury, and consequently no expense having been incurred by the town by reason thereof.
In the case of Calais v. Dyer, 1 Greenl. 155, which was a complaint under the statute, for flowing a road, and thereby doing an injury thereto by the defendant, the Court held the remedy sought to be inappropriate, and say, “ the town is not seized of the land, covered by the road, and then by the water; the land belongs to the original owner, his heirs and assigns,…
2Cases cited1 opinion
- Sheldon v. WhiteSupreme Judicial Court of Maine · 1853
3Cited by2 opinions
- State ex rel. Mountrail County v. AmundsonNorth Dakota Supreme Court · 1912
- McKinley v. Chosen FreeholdersNew Jersey Court of Chancery · 1878