Hall v. Hall
Supreme Judicial Court of Maine
On exceptions by defendant. Action on the case to recover damages for the obstruction by the defendant of the plaintiff’s alleged right of way over the defendant’s land in Nobleboro, Lincoln County. Plea, the general issue.
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On exceptions by defendant. Action on the case to recover damages for the obstruction by the defendant of the plaintiff’s alleged right of way over the defendant’s land in Nobleboro, Lincoln County. Plea, the general issue. At the conclusion of the evidence, and on the plaintiff’s motion, the presiding Justice ordered a verdict for the plaintiff and for "a nominal sum as damages” and thereupon the jury returned a verdict for the plaintiff with damages assessed at one dollar, and the defendant excepted. The case is stated in the opinion.
1Opinion of the CourtCornish, J.
On September 22, 1864, Horace Hall being the then owner of a tract of land in Nobleboro containing about forty-five acres, and bounded on the south by the West Neck Road so called, conveyed by warranty deed to Elbridge G. Hall, the portion of the same on which the buildings were located, lying next to the road, and comprising about five acres. This deed contained the following clause which is now before the court for construction : "Reserving to me, the said Horace Hall, a right of way in common with the said Elbridge G. Hall, to and from and acrost the above described premises, meaning a…
2Cases cited4 opinions
- Chappell v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1892
- White v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1892
- Perkins v. StockwellMassachusetts Supreme Judicial Court · 1881
- Hamlin v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
3Cited by11 opinions
- Berkey & Gay Furniture Co. v. Valley City Milling Co.Michigan Supreme Court · 1916
- Grant v. HaymesSupreme Court of Georgia · 1927
- Mudge v. WagonerIllinois Supreme Court · 1926
- O'NEILL v. WilliamsSupreme Judicial Court of Maine · 1987
- Wentworth v. SebraSupreme Judicial Court of Maine · 2003
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