State v. Anthoine
Supreme Judicial Court of Maine
On Report from Nisi Prius, Howard, J., presiding. Indictment, for obstructing an highway in Cape Elizabeth, by removing a bridge. The County Commissioners of Cumberland, under their general powers, located a highway in Cape Elizabeth over what is called a creek, and the bridge was built ton feet above its bed. At the place of the bridge, the channel was twenty-three feet in width at ordinary flood tides; but at high water mark, is nearly twenty-four rods.
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On Report from Nisi Prius, Howard, J., presiding. Indictment, for obstructing an highway in Cape Elizabeth, by removing a bridge. The County Commissioners of Cumberland, under their general powers, located a highway in Cape Elizabeth over what is called a creek, and the bridge was built ton feet above its bed. At the place of the bridge, the channel was twenty-three feet in width at ordinary flood tides; but at high water mark, is nearly twenty-four rods. The depth of water in the channel, at the bridge, at ordinary flood tides, is from five to six feet; at some spring tides, from seven to…
1Opinion of the CourtAppleton, J.
The bridge, for the removal of which the defendant was indicted, is part of a highway located by the County Commissioners over a creek navigable by canal boats and gondolas. The removal was made for the purpose of enabling the defendant to float down a small schooner which lay above.. The road in question was duly laid out, if the County Commissioners had jurisdiction. The question submitted for our determination is, whether they have authority to lay out roads and construct bridges over creeks or arms of the sea, where canal boats, gondolas and other small craft have been accustomed to be…
2Cases cited1 opinion
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
3Cited by6 opinions
- MacRum v. HawkinsNew York Court of Appeals · 1933
- Seattle & Montana Railway Co. v. StateWashington Supreme Court · 1893
- State ex rel. B. Schade Brewing Co. v. Superior CourtWashington Supreme Court · 1911
- Chapman v. RiverOregon Supreme Court · 1921
- Commissioner of Highways v. LudwickMichigan Supreme Court · 1908
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