Legal Opinion

Northport Wesleyan Grove Campmeeting Ass'n v. Andrews

Supreme Judicial Court of Maine

Decided September 10, 1908PublishedCited by 15 opinions

On report. Trespass quare clausum to recover damages for cutting and trampling down grass on a lot of land in Northport, known as "Bay View Park.”

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On report. Trespass quare clausum to recover damages for cutting and trampling down grass on a lot of land in Northport, known as "Bay View Park.” Plea, the general issue, with brief statement as follows: "That the land described in plaintiff’s writ, on which it is alleged that the trespass was committed by the defendant, was dedicated to the use of the public and the adjoining lot owners by the plaintiff as a park long before the date of the alleged trespass and had been improved, graded, fertilized and sown to grass by the adjoining lot owners ; and that the defendant, as one of the…

1Opinion of the CourtKing, J.

On report. Action of trespass quare clausum to recover damages for cutting and trampling down the grass on a lot of land in Northport, Maine. The defendant justifies under a claim that the locus had been dedicated by the plaintiff to the use of the public and the adjoining lot owners as a park, and that the acts complained of were done by him as one of the public, and an adjoining lot owner, and at the request of other adjoining lot owners, for the purpose only of beautifying and improving said park and rendering it more suitable for the use for which it was dedicated.

In 1876, the plaintiff…

2Cases cited8 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
  3. People v. County of MarinCalifornia Supreme Court · 1894
  4. Abbott v. Inhabitants of Cottage CityMassachusetts Supreme Judicial Court · 1887
  5. Attorney General v. AbbottMassachusetts Supreme Judicial Court · 1891

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3Cited by15 opinions

  1. Glidden v. BeldenSupreme Judicial Court of Maine · 1996
  2. Town of Manchester v. Augusta Country ClubSupreme Judicial Court of Maine · 1984
  3. President of Middlebury College v. Central Power Corp.Supreme Court of Vermont · 1928
  4. Comber v. Inhabitants of Plantation of DennistownSupreme Judicial Court of Maine · 1979
  5. Golf View Realty Co. v. City of Sioux CitySupreme Court of Iowa · 1936

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