Berry v. Carle
Supreme Judicial Court of Maine
UpoN a writ of error to the Court of Common Pleas, the case appeared to be thus:— The action was trespass, brought by Carle, the defendant in error, against Berry & al. before a Justice of the peace, for taking and carrying away ten of his mill-logs.
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UpoN a writ of error to the Court of Common Pleas, the case appeared to be thus:— The action was trespass, brought by Carle, the defendant in error, against Berry & al. before a Justice of the peace, for taking and carrying away ten of his mill-logs. At the trial in the the Court of Common Pleas, into which it came by appeal, before Whitman G. J. the original plaintiff proved that he and others, among whom was one Tucker, were owners of certain saw-mills on a certain fall on Saco river; — that the plaintiff’s mill was on one side, and Tucker’s mill towards the other side of the river; —that…
1Opinion of the Court
The cause being continued for advisement, the opinion of the Court was delivered at the ensuing August term in Oxford, by
WestoN J.
It is assumed in argument, by the counsel for the plaintiffs in error, that the Saco river, at the place where the logs of the defendant in error were found, is a public highway; and that, although he had a right to avail himself of that way, as a passage for his logs, yet he had no right to suffer them to remain stationary in the river; and that, being in that condition, and thus becoming a nuisance, the plaintiffs in error were justified in propelling them over…
2Cases cited1 opinion
- Jackson ex dem. Clark v. ReevesNew York Supreme Court · 1805
3Cited by2 opinions
- Ohio & Mississippi Railroad v. HammersleyIndiana Supreme Court · 1867
- State ex rel. Kearney v. FinnMissouri Court of Appeals · 1882