State v. Yates
Supreme Judicial Court of Maine
On report. Indictment for creating a nuisance, by obstructing a way, at Old Orchard, York County. The indictment contains two counts.
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On report. Indictment for creating a nuisance, by obstructing a way, at Old Orchard, York County. The indictment contains two counts. The first count charges that the defendants "on the first day of October in the year of our Lord one thousand nine hundred seven at Old Orchard in said County of York, did unlawfully and injuriously erect, maintain and continue a nuisance, to wit, a certain platform attached to the Old Orchard pier which obstructed a certain public highway known as Old Orchard Street in said Old Orchard.” The second count charges that the defendants "on the first day of…
1Opinion of the CourtSavage, J.
The defendants stand indicted for creating a nuisance by obstructing a way. The case comes up on report. It appears that in 1871, a way, known as Old Orchard Street, was laid out in Old Orchard, beginning "at the north corner of Ebenezer C. Staples’ field, thence running south 41 degrees 15 minutes east 76 rods or to high water mark.” The street was built and has since been constantly used by the public. At the time the street was laid out it was exactly seventy-six rods from the point of beginning to high water mark on Old Orchard beach. This street was connected *362with the sea, which is a…
2Cases cited9 opinions
- Banks v. OgdenSupreme Court of the United States · 1865
- Godfrey v. City of AltonIllinois Supreme Court · 1850
- People v. LambierNew York Supreme Court · 1847
- Cook v. City of BurlingtonSupreme Court of Iowa · 1870
- Town of Freedom v. NorrisIndiana Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Smith v. BruceSupreme Court of Georgia · 1978
- Greeman v. SmithNorth Dakota Supreme Court · 1965
- Chase v. EastmanSupreme Judicial Court of Maine · 1989
- Meridian Township v. PalmerMichigan Supreme Court · 1937
- Runser v. City of WatervilleSupreme Judicial Court of Maine · 1976