Nichols v. Somerset & Kennebec Rail Road Co.
Supreme Judicial Court of Maine
Reported by Rice, J. This is an action of trespass quare clausum. All the facts material to a full understanding of the points decided appear in the opinion of the court. contended that this action is maintainable by force of secs. 4 and 5 of chap. 41 of the statute of 1853. That the land taken must first be fenced.
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Reported by Rice, J. This is an action of trespass quare clausum. All the facts material to a full understanding of the points decided appear in the opinion of the court. contended that this action is maintainable by force of secs. 4 and 5 of chap. 41 of the statute of 1853. That the land taken must first be fenced. That this requirement does not conflict with their charter, because the legislature have expressly reserved the power to inquire into their doings and impose fines and penalties in the 14th section thereof. That the doctrine of vested rights cannot prevail here. Charles Biver…
1Opinion of the CourtMay, J.
This is an action of trespass quare clausum against the defendants for breaking and entering the plaintiff’s close, situate in Yassalborough, and constructing their railroad across the same. The defendants filed a plea of not guilty, and a brief statement alleging an authority under their charter, dated August 10, 1848, for the doing of the *358acts complained of; and also a written license from the plaintiff permitting the same. The alleged acts of trespass were committed August 1, 1853, and afterward, and were such as were necessary in the construction of said railroad.
By the terms of their…
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