Rollins v. Blackden
Supreme Judicial Court of Maine
On report. Judgment for plaintiff for one dollar damages. This is an action of trespass in which the plaintiff alleges that defendant at Dexter, in the County of Penobscot, on October 12, 1897, and on divers days and times between that day and the date of writ, September 4, 1904, with force and arms unlawfully broke and entered the plaintiff’s close in Dexter Village, in said County, and dug ditches and canals through her said grounds and laid aqueducts and water pipes in…
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On report. Judgment for plaintiff for one dollar damages. This is an action of trespass in which the plaintiff alleges that defendant at Dexter, in the County of Penobscot, on October 12, 1897, and on divers days and times between that day and the date of writ, September 4, 1904, with force and arms unlawfully broke and entered the plaintiff’s close in Dexter Village, in said County, and dug ditches and canals through her said grounds and laid aqueducts and water pipes in said ditches, etc. Plea, the general issue, with brief statement and counter brief statements by plaintiff. At the…
1Opinion of the CourtSavage, C. J.
Trespass quare clausum. The case comes before the Law Court on report.
The most important controversy between the parties relates to the right of the defendant to draw water from a well on the land of the plaintiff. One phase of this controversy was considered by this Court in Rollins v. Blackden, 99 Maine, 21.
We gather from the evidence the following statement of facts. The plaintiff is the owner of two adjoining lots of land lying on the south side of Main Street, in Dexter. Her fee in each lot extends to the center of the street. Both lots formerly belonged to one Bryant. Bryant conveyed…
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