Dyer v. Fitch
Supreme Judicial Court of Maine
On report. Assumpsit, submitted upon the report of an auditor. The facts are given in the opinion.
1Opinion of the CourtVirgin, J.
The plaintiff, owning three-eighths of the Cumberland and Oxford Canal, granted the defendants written permission to repair, use and occupy it during the season; to collect and account for tolls upon merchandise transported thereon by and for themselves as well as others; to keep and render a true account of their transactions; “and after deducting all the cost, expense and charges for repairing and running said canal,” to pay the plaintiff “one full three-eighths part of the net receipts and earnings derived from the use and occupation of said canal,” and the remainder to the owners of the…
2Cited by1 opinion
- Rogers v. Riverside Land & Irrigating Co.California Supreme Court · 1901