Wilkinson v. Drew
Supreme Judicial Court of Maine
On exceptions. Action of the case. The writ was dated August 21, 1882. The plea was the general issue and tbe following brief statement: "And for brief matter of special defense, defendant says that the premises of the plaintiff were used in a manner and for a purpose that was unlawful, and constituted it a nuisance, which manner was of special injury and damage to him in his property, and in the comfort and convenience of its use and occupation, interrupting and interfering…
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On exceptions. Action of the case. The writ was dated August 21, 1882. The plea was the general issue and tbe following brief statement: "And for brief matter of special defense, defendant says that the premises of the plaintiff were used in a manner and for a purpose that was unlawful, and constituted it a nuisance, which manner was of special injury and damage to him in his property, and in the comfort and convenience of its use and occupation, interrupting and interfering with his business, and largely impairing the value of his said property, both his mill and his dwelling house, and in…
1Opinion of the CourtAppleton, C. J.
This is an action of the case in which the plaintiff seeks to recover damages of the defendant for his " improperly and carelessly ” erecting in an improper place a brick kiln on his land near that of the plaintiff, kindling a fire in the same and so "negligently” watching and tending the same, that it greatly damaged the plaintiff’s grove, burning the trees standing thereon, and rendered it undesirable and of little value for picnics, and excursions of pleasure, for which purposes it had been previously rented.
The defendant’s counsel requested the court to instruct the jury that this was not…
2Cases cited1 opinion
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
3Cited by6 opinions
- Pettengill v. TuroSupreme Judicial Court of Maine · 1963
- Wilson v. HallWyoming Supreme Court · 1926
- Smith v. WadeSupreme Court of the United States · 1983
- Pierce v. CarpenterMissouri Court of Appeals · 1896
- York Corporation v. E. Perry Iron & Metal Co.Supreme Judicial Court of Maine · 1961
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