Legal Opinion

State v. Goldberg

Supreme Judicial Court of Maine

Decided January 8, 1932PublishedCited by 2 opinions

1Opinion of the CourtDunn, J.

This case is up on report.

Incumbering a public way by buildings is, within certain limitations and exceptions, an indictable nuisance. R. S., Chap. 26, Sec. 5. The statute is but declaratory of the common law. Corthell v. Holmes, 88 Me., 376.

When buildings have fronted, for more than twenty years, as of right, on a way, the bounds of which can not be made certain, either by records or monuments; or have so existed, for not less than forty years, when records or monuments make it possible to determine the exterior limits, the buildings shall be deemed the boundaries. R. S., Chap. 27, Sec. 108;…

2Cases cited4 opinions

  1. Pickrell v. City of CarlisleCourt of Appeals of Kentucky · 1909
  2. Graham v. MasonU.S. Circuit Court for the District of Massachusetts · 1872
  3. Smith v. AdamsMassachusetts Supreme Judicial Court · 1910
  4. Vye v. City of MedfordMassachusetts Supreme Judicial Court · 1929

3Cited by2 opinions

  1. City of St. Paul v. WhidbySupreme Court of Minnesota · 1972
  2. Gorel v. Comensky, Pennsylvania Court of Common Pleas, Alleghany County1946

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