McIntire v. Lauckner
Supreme Judicial Court of Maine
On report. Action on the case to recover damages for the obstruction of an alleged right of way leading from a town way to a burial lot alleged to be owned by the plaintiff but surrounded by the defendant’s land.
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On report. Action on the case to recover damages for the obstruction of an alleged right of way leading from a town way to a burial lot alleged to be owned by the plaintiff but surrounded by the defendant’s land. Plea, the general issue with a brief statement alleging that "said plaintiff is not and never has been the proprietor of a certain burial lot enclosed in whole or in part as set forth in the plaintiff’s said writ,” and that the "said plaintiff never had the right to pass and repass over nor a right of possession to any right of way as set forth in plaintiff’s said writ.” An agreed…
1Opinion of the CourtWhitehouse, C. J.
This is an action on the case in which the plaintiff seeks to recover damages for the obstruction of a right of way leading from a town road to a burial lot surrounded by the defendant’s land. The defendant denies that the plaintiff is owner or part owner of the burial lot in question, and denies that she had any right of way to it over the defendant’s land. The case is reported to the Law Court on a brief statement of facts, with a stipulation that in the event of decision in favor of the plaintiff the damages are to be assessed at ten dollars.
The plaintiff’s contention is based on a…
2Cases cited2 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Wood v. BoydMassachusetts Supreme Judicial Court · 1887
3Cited by3 opinions
- LeMay v. AndersonSupreme Judicial Court of Maine · 1979
- O'NEILL v. WilliamsSupreme Judicial Court of Maine · 1987
- Page v. BourgonSupreme Judicial Court of Maine · 1941