Legal Opinion

Dunton v. Parker

Supreme Judicial Court of Maine

Decided April 27, 1903PublishedCited by 11 opinions

On report. Judgment for plaintiff. Action of debt under If. S., c. 3, § 63, to recover tlie penalty provided for maintaining a fish weir below or beyond low water mark in front of the plaintiff’s shore or flats in Pigeon Hill Bay, in Steuben, Washington County. The case appears in the opinion.

1Opinion of the CourtWiswell, C. J.

This is an action under P. S., c. 3, § 63, to recover the penalty therein provided for maintaining a fish weir below or beyond low water mark in front of the shore or flats of the plaintiff. The case comes to the law court upon report.

The first objection to the maintenance of .the action is, that the plaintiff does not own the flats in front of which the weir was erected, that the deeds in his chain of title to the upland, of which the plaintiff is admittedly the owner, does not include the shore, the space between high and low water mark.

*465The tract of land owned by the plaintiff, and as to…

2Cases cited1 opinion

  1. Storer v. FreemanMassachusetts Supreme Judicial Court · 1810

3Cited by11 opinions

  1. Hodgdon v. CampbellSupreme Judicial Court of Maine · 1980
  2. State v. SturtevantWashington Supreme Court · 1913
  3. Board of Park Commissioners v. TaylorSupreme Court of Iowa · 1906
  4. Snyder v. HaagenSupreme Judicial Court of Maine · 1996
  5. McGarvey v. WhittredgeSupreme Judicial Court of Maine · 2011

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