Coffin v. Robinson
Supreme Judicial Court of Maine
On report. Assumpsit on account annexed for use of a wharf and lumber yard on Pleasant River, and for use of dams, brows, flowage, etc., in driving logs in the river above. Plea, the general issue. At the conclusion of the evidence, the case was reported to the Law Court for determination and in case the defendant was found liable, "to assess damages in such an amount as the evidence warrants.” The case is stated in the opinion.
1Opinion of the CourtEmery, C. J.
The items of the plaintiff’s account annexed are all for use and occupation, and fall into two groups, those for the use of a wharf and lumber yard on Pleasant River, and those for the use of dams, brows, flowage, etc., in driving logs in the river above.
As to the first group, the preponderance of the evidence is that full payment was made therefor. As to the second group, we do not find sufficient evidence that the defendant promised to pay the plaintiff anything for what use he made of the dams, etc., for log driving purposes. The mere use of them did not imply any promise *543to pay for such…
2Cases cited2 opinions
- Lamprey v. NelsonSupreme Court of Minnesota · 1877
- Ocqueoc Improvement Co. v. MosherMichigan Supreme Court · 1894