Legal Opinion

Pierre v. Fernald

Supreme Judicial Court of Maine

Decided April 15, 1847PublishedCited by 12 opinions

Case. The plaintiffs declared against the defendant for shutting out the light and air from windows in their house by the erection of a high fence against the windows. The fence was erected on the defendant’s own land.

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Case. The plaintiffs declared against the defendant for shutting out the light and air from windows in their house by the erection of a high fence against the windows. The fence was erected on the defendant’s own land. At the trial before Tenney J. after the' parties had introduced all their evidence, they agreed that a report thereof should be made, and that the case should be determined by the Court, without any verdict, and that such judgment should be rendered as the Court should deem proper; and that the Court should draw such inferences from the facts as a jury would be authorized to…

1Opinion of the Court

The opinion of the Court was drawn up by

Shepley J.

This is an action on the case brought to recover damages for the injury suffered by the obstruction of the natural flow of light and air to two windows, put out of the *439north-east end of the plaintiff’s dwellinghouse in the city of Portland.

That house appears to have been built during the latter part of the year 1823. The north-east end of it was placed upon the line dividing the lot, on which it was erected, then owned by Henry Titcomb, from the lot then owned by Robert Ilsley, and now owned by the defendant. The north-east corner of it…

2Cases cited3 opinions

  1. Parker & Edgarton v. FooteNew York Supreme Court · 1838
  2. Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
  3. Colvin v. BurnetNew York Supreme Court · 1837

3Cited by12 opinions

  1. Crescent Mining Co. v. Silver King Mining Co.Utah Supreme Court · 1898
  2. Karasek v. PeierWashington Supreme Court · 1900
  3. Tunstall v. ChristianSupreme Court of Virginia · 1885
  4. Ray v. SweeneyCourt of Appeals of Kentucky · 1878
  5. Clawson v. PrimroseCourt of Chancery of Delaware · 1873

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