Ricker v. Kelly
Supreme Judicial Court of Maine
Trespass for cutting down and desti’oying part of a wooden bridge, the property of the plaintiffs. The defendants, in justification, pleaded that the bridge was erected on the land oí Kelly, without his license and against his will, and that he removed it from his close as he lawfully might do.
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Trespass for cutting down and desti’oying part of a wooden bridge, the property of the plaintiffs. The defendants, in justification, pleaded that the bridge was erected on the land oí Kelly, without his license and against his will, and that he removed it from his close as he lawfully might do. The plaintiffs replied that on a certain day, in consideration of their promise to perform certain work and labour, &c. for Kelly, he gave them license and authority to erect a bridge on his land, and to have a right of way over the same to the bridge that by virtue of said license they erected the…
1Opinion of the Court
Mellen C. J.
It appears by the pleadings in this case, that the locus in quo belongs to the defendants ;—that sometime before the trespass, they had, for a valuable consideration paid to them, licensed the plaintiffs, by parol, to enter into said close and erect the part of the bridge which the defendants removed.—It does not appear that this license was ever revoked, if revocable ; nor that any notice was given to the plaintiffs to remove the bridge, prior to the removal of it by the defendants.— Under these circumstances, is the action maintainable ?
The justice of the plaintiffs’ claim for…
2Cases cited1 opinion
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
3Cited by8 opinions
- Johnson v. SkillmanSupreme Court of Minnesota · 1882
- Metcalf v. HartWyoming Supreme Court · 1891
- Wickersham v. OrrSupreme Court of Iowa · 1859
- Buckles v. Kennedy Coal CorporationSupreme Court of Virginia · 1922
- Peters v. JonesSupreme Court of Iowa · 1872
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