Small v. Inhabitants of Danville
Supreme Judicial Court of Maine
On Exceptions to the ruling of Daneortii, J. Trespass to recover the value of a quantity of split stones used by the surveyor of the defendant town in constructing a culvert across the highway. The stones were lying upon the land taken for the highway, when it was located. The surveyor, who was also one of the selectmen, claimed the right to use the stone as materials found on the land taken for the highway.
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On Exceptions to the ruling of Daneortii, J. Trespass to recover the value of a quantity of split stones used by the surveyor of the defendant town in constructing a culvert across the highway. The stones were lying upon the land taken for the highway, when it was located. The surveyor, who was also one of the selectmen, claimed the right to use the stone as materials found on the land taken for the highway. The presiding Judge ruled that the defendants were not liable for the acts of the surveyor, and ordered a nonsuit; to which order the plaintiff excepted.
1Opinion of the Court
The opinion of the Court •fras drawn up by
Dickerson, J.
Trespass for the alleged taking and appropriation, by one of the highway surveyors of Danville, of certain stone and other materials, in the construction of a culvert across one of its public highways. The case comes before us on exceptions to the ruling of the presiding Judge, who ordered a nonsuit at the trial before him.
It is clear that the act of the surveyor in using plaintiff’s split stone in building the culvert was a trespass. The stones were split before the road was located, and were lying upon *360the ground at that time. The…
2Cited by13 opinions
- Shirk v. Lancaster CitySupreme Court of Pennsylvania · 1933
- State ex rel. Board of Commissioners v. Board of CommissionersIndiana Supreme Court · 1908
- Helena Consolidated Water Co. v. SteeleMontana Supreme Court · 1897
- Blood v. Manchester Electric Light Co.Supreme Court of New Hampshire · 1895
- Edgerly v. ConcordSupreme Court of New Hampshire · 1882
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