Cyr v. Madore
Supreme Judicial Court of Maine
On report. Trespass for breaking and entering plaintiff’s close,' called lot No. 13, in Cyr plantation, and tearing down and destroying the plaintiff’s fence, and plowing and digging plaintiff’s land. Plea, not guilty, and a brief statement alleging that there was a public way by dedication and acceptance, over and upon the lot No. 13, and the acts complained of were committed within the limits of that way, in removing obstructions and making necessary repairs.
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On report. Trespass for breaking and entering plaintiff’s close,' called lot No. 13, in Cyr plantation, and tearing down and destroying the plaintiff’s fence, and plowing and digging plaintiff’s land. Plea, not guilty, and a brief statement alleging that there was a public way by dedication and acceptance, over and upon the lot No. 13, and the acts complained of were committed within the limits of that way, in removing obstructions and making necessary repairs. The opinion states the facts which were found material. cited: White v. Bradley, 66' Maine, 254; Angelí on Ways, § 153; Maine v.…
1Opinion of the CourtBarrows, J.
The defendants attempt to justify the acts of which the plaintiff complains, upon the ground that the locus was part of a public way in which the public had acquired rights by purchase, by prescription, or by dedication and acceptance. That it has been used under some limitations by the public since eighteen hundred and sixty or eighteen hundred and sixty-one, for a way, incumbered with gates or bars during the first years, and not open until within the last twelve years, is established by the testimony of John B. Farrell and A. S. Richards called by the defendants, and Dennis Farrell called…
2Cases cited2 opinions
- Carpenter v. GwynnNew York Supreme Court · 1861
- Ward v. DavisThe Superior Court of New York City · 1850
3Cited by4 opinions
- Smith v. GardnerOregon Supreme Court · 1885
- Lewis v. City of LincolnNebraska Supreme Court · 1898
- Jones v. PhillipsSupreme Court of Arkansas · 1894
- District of Columbia v. RobinsonCourt of Appeals for the D.C. Circuit · 1899