Legal Opinion

Bearce v. Dudley

Supreme Judicial Court of Maine

Decided February 3, 1896PublishedCited by 3 opinions

On report. This action was brought underR. S., c. 42, § 6, to recover compensation for driving a quantity of poplar pulp-logs which had become intermingled with the logs of the plaintiffs and which the plaintiffs drove from Rumford Falls down the Androscoggin river to Lewiston in the spring of 1894. The drive was composed of two lots of spruce logs belonging to the plaintiffs, one of which was from the boom at the head of Rumford Falls, and one of which was from behind…

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On report. This action was brought underR. S., c. 42, § 6, to recover compensation for driving a quantity of poplar pulp-logs which had become intermingled with the logs of the plaintiffs and which the plaintiffs drove from Rumford Falls down the Androscoggin river to Lewiston in the spring of 1894. The drive was composed of two lots of spruce logs belonging to the plaintiffs, one of which was from the boom at the head of Rumford Falls, and one of which was from behind Lothrop’s Island in Jay; and of different lots of poplar pulp-logs belonging to the defendants, from Bear river, Ellis river,…

1Opinion of the CourtHaskell, J.

Case under P. S., c. 42, § 6, for driving pulpwood intermixed with logs so that it could not be conveniently separated.

I. It is denied that the statute applies to pulp-wood. Its language is, "timber so intermixed with logs . . . that it cannot be conveniently separated.” Its purpose was to comprise all products of the forest conveniently floatable to market. The statute was passed in 1831, c. 521, § 7. The language there used was "all logs or other timber.” The words "all logs or other” have been dropped by revision without intent to change the meaning. These words indicate an intent to…

2Cases cited1 opinion

  1. The United States v. Ephraim BriggsSupreme Court of the United States · 1850

3Cited by3 opinions

  1. Dead River Co. v. Assessors of HoultonSupreme Judicial Court of Maine · 1953
  2. State v. Joe H. Brady & AssociatesSupreme Court of Alabama · 1956
  3. E. W. Backus Lumber Co. v. Scanlon-Gipson Lumber Co.Supreme Court of Minnesota · 1899

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