Mathews v. Kelsey
Supreme Judicial Court of Maine
On facts agreed. Trespass for damage to personal property. The case came to this court by appeal from a judgment of the municipal court of Portland. Commercial street, in Portland, extending from the depot of the Atlantic & St. Lawrence Railroad Company, on India street, southwesterly, along the head of wharves, across the city to the depot of the Portland, Saco & Portsmouth Railroad Company, was laid out in 1850 by the city authorities.
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On facts agreed. Trespass for damage to personal property. The case came to this court by appeal from a judgment of the municipal court of Portland. Commercial street, in Portland, extending from the depot of the Atlantic & St. Lawrence Railroad Company, on India street, southwesterly, along the head of wharves, across the city to the depot of the Portland, Saco & Portsmouth Railroad Company, was laid out in 1850 by the city authorities. The plaintiffs’ store is upon the north-westerly side of Commercial street, where, at the time of the alleged trespass, they were carrying on business as…
1Opinion of the CourtDanforth, J.
It is undoubtedly true that the location of a railroad within the limits of a highway would give the corporation using it only the rights of transit such as are necessarily connected *58therewith, or incidental thereto. This would not include the right to build permanent structures which would interfere with the public travel. But, in this case, the illegality complained of is not the erection of any such structures, but the temporary stopping of the cars for the purpose of unloading, and the use of such appliances as were found useful and convenient for that purpose. There was sufficient space…
2Cited by3 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- John A. Tolman & Co. v. City of ChicagoIllinois Supreme Court · 1909
- Hatfield v. StrausAppellate Division of the Supreme Court of the State of New York · 1907