Frost v. Washington County Railroad
Supreme Judicial Court of Maine
On report. Action on the ease brought to recover damages claimed to bave been sustained by plaintiff by reason of the building and maintenance, by the defendant company, of a trestle for its railroad across the channel leading to a tide-water cove in Passamaquoddy Bay, whereby access was cut off from plaintiff's store and mill to the high seas.
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On report. Action on the ease brought to recover damages claimed to bave been sustained by plaintiff by reason of the building and maintenance, by the defendant company, of a trestle for its railroad across the channel leading to a tide-water cove in Passamaquoddy Bay, whereby access was cut off from plaintiff's store and mill to the high seas. It was admitted that the railroad was duly located and the location filed with and approved by the Board of Kailroad Commissioners, and that that body bad granted a certificate to operate the road over the trestle. The cove was closed to vessels by…
1Opinion of the CourtEmery, J.
A small tide-water bay or cove makes westerly from Passamaquoddy Bay into the land in the town of Perry. The entrance to this cove from the Bay is a navigable channel between Pleasant Point on the mainland on the north and Carlow Island on the south, and this channel for the purposes of this case may be regarded as the only practicable passage by water in and out of the cove. For several years prior to 1898, and since, the plaintiff has owned a tract of land on the shore of this cove about three-quarters of a mile up the cove from the entrance. On this tract of land prior to 1898, he had…
2Cases cited12 opinions
- The Daniel BallSupreme Court of the United States · 1871
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- South Carolina v. GeorgiaSupreme Court of the United States · 1876
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- Marine Air Ways, Inc. v. StateNew York Court of Claims · 1951
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