Legal Opinion

State v. Wilson

Supreme Judicial Court of Maine

Decided July 1, 1856PublishedCited by 21 opinions

On Report from Nisi Prius, Hathaway, J., presiding. This was an indictment for a nuisance. The act complained of was the erection of a wharf on the eastern shore of Penobscot river, between high and low water marks, at a place known as “ Chamberlain’s ferry,” leading from Brewer to Bangor. The facts are fully stated in the opinion of the Court.

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On Report from Nisi Prius, Hathaway, J., presiding. This was an indictment for a nuisance. The act complained of was the erection of a wharf on the eastern shore of Penobscot river, between high and low water marks, at a place known as “ Chamberlain’s ferry,” leading from Brewer to Bangor. The facts are fully stated in the opinion of the Court. After the testimony was all in, the presiding Judge suggested, that as there was no conflicting testimony, and as the issue depended entirely upon the law, the questions in regard to which were important, the case should be put in form to be presented…

1Opinion of the CourtTenney, C. J.

In the first count of the indictment, it is

alleged, that at the time of committing the offence charged, there was and still is an ancient, common and public highway in the town of Brewer, commencing at a point in the county road leading from Eddington to Orrington, through the town of Brewer, near the post office in Brewer, thence running westerly to Penobscot river, and thence across said river to the city of Bangor. In the second count is described an ancient, public and common highway, existing from a time whereof the memory of man is not to the contrary, near an old ferry-way commonly…

2Cases cited6 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. The Town of Pawlet v. D. CLARK & OTHERSSupreme Court of the United States · 1815
  3. Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
  4. Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
  5. Pearsall v. PostNew York Supreme Court · 1838

1 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Bell v. Town of WellsSupreme Judicial Court of Maine · 1989
  2. Lange v. WatersCalifornia Supreme Court · 1909
  3. Downend v. Kansas CitySupreme Court of Missouri · 1900
  4. Norton v. Town of Long IslandSupreme Judicial Court of Maine · 2005
  5. United States v. HenselDistrict Court, D. Maine · 1981

16 more not listed; retrieve them via the Exa API.

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