Cushman v. Smith
Supreme Judicial Court of Maine
On Facts agreed. Trespass, quare clausum. The facts called for a construction of that article of the constitution which provides that, “private property shall not be taken for public use without just compensation.”
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On Facts agreed. Trespass, quare clausum. The facts called for a construction of that article of the constitution which provides that, “private property shall not be taken for public use without just compensation.” The Buckfield Branch Rail Road Company was chartered by the Legislature, with authority to locate and construct a rail road, and to run engines and cars upon it; — and to take and hold land for the location, construction and convenient use of the road, “ to be held, as lands taken and held for public highwaysand the damage thereby occasioned to the land-owner, when not otherwise…
1Opinion of the CourtShepley, C. J.
The action is trespass quare clausum. The plaintiff is admitted to have been the owner of land, upon which the Buckfield Branch Rail Road has been made. *252The alleged acts of trespass are admitted. The justification presented is, that the rail road was legally located, constructed and used, upon the plaintiff’s land; and that the acts alleged to have been trespasses were done in the rightful use of that road.
The Act creating the corporation, authorized it to locate, construct and complete a rail road on a prescribed course between certain places. It required, that the corporation should “pay…
2Cases cited5 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1841
- Bradshaw v. RodgersNew York Supreme Court · 1822
- Smith v. HelmerNew York Supreme Court · 1849
- Rubottom v. M'ClureIndiana Supreme Court · 1838
3Cited by22 opinions
- Pearsall v. Board of SupervisorsMichigan Supreme Court · 1889
- Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Bell v. Town of WellsSupreme Judicial Court of Maine · 1989
- Warren v. Waterville Urban Renewal AuthoritySupreme Judicial Court of Maine · 1967
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