Ames v. Shaw
Supreme Judicial Court of Maine
On MOTION. This was a motion for a new trial on the ground of newly-discovered evidence, in a ease submitted to the presiding justice without the intervention of a jury, and in which judgment was ordered for the plaintiff. The action was case. The plaintiff alleged that the defendant negligently and carelessly left open a gate, which plaintiff had built across a private way over Ms own land.
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On MOTION. This was a motion for a new trial on the ground of newly-discovered evidence, in a ease submitted to the presiding justice without the intervention of a jury, and in which judgment was ordered for the plaintiff. The action was case. The plaintiff alleged that the defendant negligently and carelessly left open a gate, which plaintiff had built across a private way over Ms own land. It was conceded that the defendant was legally entitled fco use the private way for agricultural purposes. One of the principal contentions, on the defendant’s part, was whether the way could be made…
1Opinion of the CourtHaskell, J.
The motion is grounded upon evidence tending to establish a way by adverse use, distinct and separate from the one described in the Raynes deed that was supposed, at the trial, to be the way in dispute.
Suppose this contention be established, the respective rights of the parties are the same. The deed grants an agricultural way, and the evidence reported shows no more than a way of the same kind, a way for agricultural purposes. It is true that a way gained by adverse use gives rights commensurate with the adverse use, but if the use be for agricultural purposes only, then the way becomes a…
2Cases cited4 opinions
- Bakeman v. . TalbotNew York Court of Appeals · 1865
- Brill v. . BrillNew York Court of Appeals · 1888
- Short v. DevineMassachusetts Supreme Judicial Court · 1888
- Maxwell v. McAteeCourt of Appeals of Kentucky · 1848
3Cited by7 opinions
- Flaherty v. MutherSupreme Judicial Court of Maine · 2011
- Luster v. GarnerTennessee Supreme Court · 1913
- Flener v. LawrenceCourt of Appeals of Kentucky · 1920
- Mitchell v. BowmanWest Virginia Supreme Court · 1914
- Miller v. PettitCourt of Appeals of Kentucky · 1907
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