Inhabitants of the First Parish in Brunswick v. McKean
Supreme Judicial Court of Maine
This was an action of trespass quare clausum fregit, against the defendant, for cutting down a fence erected by the plaintiffs on what they alledged to be their close in Brunswick. The defendant pleaded the general issue, and several special pleas in justi-íication; alledging in one of them, that the fence was on two pub - lic highways, viz. the twelve-rod-road, and the Jíarjmwclbnrdá leading from it; and in another, only saying that it was on the twelve-rod-road.
Read the full summary
This was an action of trespass quare clausum fregit, against the defendant, for cutting down a fence erected by the plaintiffs on what they alledged to be their close in Brunswick. The defendant pleaded the general issue, and several special pleas in justi-íication; alledging in one of them, that the fence was on two pub - lic highways, viz. the twelve-rod-road, and the Jíarjmwclbnrdá leading from it; and in another, only saying that it was on the twelve-rod-road. At the trial, before the chief justice, the plaintiffs, in order to show that the twelv e-rod -road, which ivas laid out and…
1Opinion of the Court
Weston J.
delivered the opinion of the court.
It does not appear, that the town of Brunswick had any legal right to alter the road in that town, originally laid out in 1769, twelve rods wide, by contracting its width to eight rods ; but if they had, and it had been recently done, attested copies of the warrants, under which they exercised this authority, ought to have been produced, as in its nature preliminary to the votes, by which such alteration was accepted. But it is urged, that this being an ancient transaction, this proof is by law dispensed with, and the regularity of the proceedings…
2Cited by4 opinions
- Bacon v. Boston & Maine RailroadSupreme Court of Vermont · 1910
- Pease v. ShapiroSupreme Judicial Court of Maine · 1949
- Cushing v. MillerSupreme Court of New Hampshire · 1883
- Maney v. Boise Title & Trust Co.Supreme Court of Oklahoma · 1926