Hovey v. Mayo
Supreme Judicial Court of Maine
Exceptions were taken to the rulings of May, J., presiding at Nisi Prius, This is an action on the case against the defendant for digging down the street in Hallowell in front of the plaintiff’s house and lot.
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Exceptions were taken to the rulings of May, J., presiding at Nisi Prius, This is an action on the case against the defendant for digging down the street in Hallowell in front of the plaintiff’s house and lot. Thomas Hovey testified that he knew the promises whore the plaintiff lives, on Water street, in Hallowell; it is about twenty rods north of Hathaway’s store at the foot of Winthrop street; a story and a half or one story house, perhaps twenty by forty feet, stands four feet from the line of the road and the end to the road; the house stood up two or three feet higher than the street…
1Opinion of the CourtTenney, C. J.
This is an action at common law, to re*332cover damages against the defendant, who at the time of the alleged acts was the street commissioner of the city of Hallowell, for digging down the street in front of the plaintiff’s house and lot, to which it is admitted he had title.
The refusal of the court to give to the jury the instruction first requested for the defendant, and the general instructions given, authorize a verdict for the plaintiff in this action, upon certain findings of facts. Exceptions were taken by the defendant, the verdict being against him, for the refusal to instruct as…
2Cases cited1 opinion
- Andover & Medford Turnpike Corp. v. GouldMassachusetts Supreme Judicial Court · 1809
3Cited by10 opinions
- Hjorth v. WhittenburgUtah Supreme Court · 1952
- City Council of Montgomery v. TownsendSupreme Court of Alabama · 1887
- Dillon v. Whatcom CountyWashington Supreme Court · 1895
- Hatch v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880
- Town of Palatine v. KreugerIllinois Supreme Court · 1887
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