Inhabitants of Veazie v. Mayo
Supreme Judicial Court of Maine
Report by Appleton, J. This was an action of trespass on the case against the defendants, as “ directors” of the Penobscot Railroad Company. , It appeared in evidence that said railroad-was located in 1852. The.directors thereupon contracted with certain persons to make and grade that portion of the railroad within the limits of the city of Bangor.
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Report by Appleton, J. This was an action of trespass on the case against the defendants, as “ directors” of the Penobscot Railroad Company. , It appeared in evidence that said railroad-was located in 1852. The.directors thereupon contracted with certain persons to make and grade that portion of the railroad within the limits of the city of Bangor. On the thirteenth day of May, 1853, they procured an order to be passed by the “ city council,” permitting them to cross certain streets, stating the manner and the conditions upon which the crossings might be made. But it did not appear that this…
1Opinion of the Court
The opinion of the Court was drawn up by
Rice, J.
This action Í3 brought to recover of the defendants, as directors of the Penobscot Railroad Company, the amount of a judgment recovered against said town of Veazie by one Phillips, for an injury occasioned by a defect in one of the public ways in that town, which defect, the plaintiffs allege, was caused by the operations of the railroad company in the construction of their road. The action is based upon a provision in the 3d section of c. 41, of the Acts of 1853, which is as follows : — “No railroad shall cross any street of a city, not a…
2Cases cited1 opinion
- Jackson ex dem. Hooker v. YoungNew York Supreme Court · 1826
3Cited by2 opinions
- Whitson v. City of FranklinIndiana Supreme Court · 1870
- Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909