Holmes v. Corthell
Supreme Judicial Court of Maine
"Any person injured in his comfort, property, or the enjoyment of his estate, by a common and public, or a private nuisance, may maintain against the offender an fiction on the case for his damages, unless otherwise specially provided.” R. S., c. 17, § 12. In Ashby v. White, Lord Raymond, 938, Lord Holt says, "If men will multiply injuries, actions must be multiplied too; for every man that is injured ought to have his recompense.”
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"Any person injured in his comfort, property, or the enjoyment of his estate, by a common and public, or a private nuisance, may maintain against the offender an fiction on the case for his damages, unless otherwise specially provided.” R. S., c. 17, § 12. In Ashby v. White, Lord Raymond, 938, Lord Holt says, "If men will multiply injuries, actions must be multiplied too; for every man that is injured ought to have his recompense.” The case of Brown v. Watson explains the law fully. 47 Maine, 161. The court says, " Those who have no occasion of business or pleasure to pass over a road so…
1Opinion of the CourtHaskell-, J.
Trespass for obstructing a public waj' by building a stone wall across it, whereby the plaintiff claims to have suffered special damage.
*33The distinction between trespass and trespass on the case is abolished by R. S., c. 82, § 15. "A declaration in either form is good.” Hathorn v. Eaton, 70 Maine, 219.
It is settled in this state that one who suffers special injury, no matter how inconsiderable, from a common nuisance, may recover damages in an action at law from the person creating it; R. S., c. 17, § 12; Brown v. Watson, 47 Maine, 161 ; Dudley v. Kennedy, 63 Maine, 465 ; and from the person…
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