Ulmer v. Farnsworth
Supreme Judicial Court of Maine
.On report. 'The opinion states the case and material facts. There was, we submit, enough evidence of the custom. The ¡presiding judge in fact said it was not necessary to further .multiply the witnesses. No certain number of witnesses is .necessary to prove a custom. Adams v. Pittsburgh Ins. Go. 40 Am. Rep. 662. The custom was general, as clearly proven. Defendant is presumed to have had notice of it, and knowledge of its existence.
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.On report. 'The opinion states the case and material facts. There was, we submit, enough evidence of the custom. The ¡presiding judge in fact said it was not necessary to further .multiply the witnesses. No certain number of witnesses is .necessary to prove a custom. Adams v. Pittsburgh Ins. Go. 40 Am. Rep. 662. The custom was general, as clearly proven. Defendant is presumed to have had notice of it, and knowledge of its existence. Stevens v. Reeves, 9 Pick. 197. It was so uniform and had been so long continued that the defendant’s knowledge is to be inferred. Winslow et al. v. Dillaway, 4…
1Opinion of the CourtDanforth, J.
The plaintiffs are the owners of a lime quarry in which they have a pump used for the purpose of draining their quarry from such water as may accumulate therein, whether coming from sources within its own limits or outside. The defendant owns another quarry adjacent to, but not adjoining the plaintiffs’, there being one quarry between them. It is alleged that water accumulates in the defendant’s quarry, and running through the one intervening, comes upon that of the plaintiffs and is pumped up by them. It is to recover compensation for this service that this action is brought, the plaintiffs…
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- Currie v. Syndicate Des Cultivators Des Oignons a'FleurAppellate Court of Illinois · 1902
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