Brown v. Watson
Supreme Judicial Court of Maine
Trespass on the case. Appeal from a justice of the peace. Oa trial of the appeal, the case was submitted to the Court, on the evidence, with leave to except.
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Trespass on the case. Appeal from a justice of the peace. Oa trial of the appeal, the case was submitted to the Court, on the evidence, with leave to except. It appeared in evidence, that the plaintiff, having been from home, was returning with a loaded team over the way in question, and found the road wholly obstructed by logs and trees felled across it by the defendant, and which the plaintiff could not then remove; and he was compelled to go back, and return to his house, with his load, by another road, a distance of about two miles. Eor this obstruction and damage to himself, the action…
1Opinion of the Court
The opinion of the Court was drawn up by
Appleton, J.
The defendant obstructed the. public highway, over which the plaintiff was passing,- by felling trees across the same, so as to render it impassable. He thus caused a nuisance, for which he might have been indicted.
The law is well settled, that no person can maintain an action for a common nuisance, unless he has suffered therefrom some special and peculiar damages other and greater than those sustained by the public generally. Those, who have no occasion of business or pleasure to pass over a road thus obstructed, and who have not attempted…
2Cases cited4 opinions
- Alexander v. KerrSupreme Court of Pennsylvania · 1828
- Jackson ex dem. Young & Devereux v. CampNew York Supreme Court · 1824
- Lansing v. WiswallNew York Supreme Court · 1848
- Hughes v. HeiserSupreme Court of Pennsylvania · 1808
3Cited by23 opinions
- Charlton v. Town of OxfordSupreme Judicial Court of Maine · 2001
- John B. Kelly, Inc. v. Lehigh Nav. Coal Co.Court of Appeals for the Third Circuit · 1945
- Sholin v. Skamania Boom Co.Washington Supreme Court · 1909
- Kennebunk, Kennebunkport & Wells Water District v. Maine Turnpike AuthoritySupreme Judicial Court of Maine · 1950
- Viebahn v. Board of County CommissionersSupreme Court of Minnesota · 1905
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