Bath Bridge & Turnpike Co. v. Magoun
Supreme Judicial Court of Maine
By the private statute of March 17, 1830, (ch. 114,) the Courts of Sessions for the counties of Cumberland and Lincoln, were auv thorised to lay out a county road across the tide waters of JYew Meadows river, and “ running from the village in Bath to the village in Brunswick?’ provided, among other things, the inhabitants of those towns, at any legal meeting within two years from the passing of the act, should give their assent to its provisions.
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By the private statute of March 17, 1830, (ch. 114,) the Courts of Sessions for the counties of Cumberland and Lincoln, were auv thorised to lay out a county road across the tide waters of JYew Meadows river, and “ running from the village in Bath to the village in Brunswick?’ provided, among other things, the inhabitants of those towns, at any legal meeting within two years from the passing of the act, should give their assent to its provisions. To these provisions Bath gave an absolute assentbut Brunswick qualified its assent with the condition that a stone bridge be built over its poi>…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court.
On inspection of the record of the location of the road described in the application, we entertain no doubt as to the irregularity of the proceeding, on account of the noncompliance with the condition of the act authorising the location over the tide waters therein described } and we should immediately grant the writ, as prayed for, were we not satisfied that we have no authority to grant it on the present petition. From the facts before us we have no doubt that the road, the location of which is complained of, if completed, would indirectly be…
2Cases cited4 opinions
- Porter v. RummeryMassachusetts Supreme Judicial Court · 1813
- Grout v. ChamberlinMassachusetts Supreme Judicial Court · 1808
- Inhabitants of Shirley v. Inhabitants of LunenburgMassachusetts Supreme Judicial Court · 1814
- Glover v. HeathMassachusetts Supreme Judicial Court · 1807
3Cited by2 opinions
- Schneider v. ReynoldsSupreme Court of Rhode Island · 1957
- Carr v. Washington & Old Dominion RailwayCourt of Appeals for the D.C. Circuit · 1916