Briggs v. Lewiston & Auburn Horse Railroad
Supreme Judicial Court of Maine
On report. The opinion states the case. Where land is bounded by a highway, the center line of the way is the boundary. 3 Wash.
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On report. The opinion states the case. Where land is bounded by a highway, the center line of the way is the boundary. 3 Wash. Real Prop. 635 ; Johnson v. Anderson, 18 Maine, 76; Bangor House v. Brown, 33 Maine, 309 ; Id. 502; Warren v. Blake, 54 Maine, 283 ; Webber v. Overlook, 66 Maine, 177; Oxton v. Groves, 68 Maine, 3 71; 45 Maine, 9 ; 59 Maine, 105 ; 13 N. H. 584; 45 Maine, 13; Hunt v. Rich, 38 Maine, 195. If the plaintiff owns to the center of the highway, including the land upon which the acts of the defendant complained of were done, she can maintain trespass for the injury unless…
1Opinion of the CourtEmery, J.
A strip of the plaintiff’s land in Auburn, had been lawfully taken by public authority for a public highway, and just compensation had been made to the owner therefor. The defendant company had subsequently constructed a street railroad, (commonly called a "horse railroad”) in this highway and ov-er the strip of land, thus taken from the plaintiff’s land. Early in 1885, the company lowered the grade of their rails on this strip, whereupon the plaintiff brought this action, alleging said acts of the defendant company to be a trespass on her land.
All these acts of the defendant were within the…
2Cited by21 opinions
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- Kansas, Nebraska & Dakota Railway Co. v. CuykendallSupreme Court of Kansas · 1889
- Attorney General ex rel. Brotherton v. Common CouncilMichigan Supreme Court · 1907
- Reid Bros. v. Norfolk City R.Supreme Court of Virginia · 1896
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