Burbank v. Bethel Steam Mill Co.
Supreme Judicial Court of Maine
On exceptions from the superior court. This was an action to recover damages sustained by reason of the burning of the plaintiff’s house and barn at Bethel, August 26, 1876, the fire being communicated from the steam mill of the defendants which was burnt on that day. The writ was dated September 29, 1879. The plea was the general issue. The opinion states the essential facts.
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On exceptions from the superior court. This was an action to recover damages sustained by reason of the burning of the plaintiff’s house and barn at Bethel, August 26, 1876, the fire being communicated from the steam mill of the defendants which was burnt on that day. The writ was dated September 29, 1879. The plea was the general issue. The opinion states the essential facts. This action went to the jury upon the single question of liability for maintaining a nuisance, the contract with Pierce having shut out all claims upon the counts for negligence. R. S., c. 17, § 8, provide, in most…
1Opinion of the CourtLibbey, J.
In 1863, by private act, c. 259, the defendants were created a manufacturing corporation by the name of the " Bethel Steam Mill Company,” with power to manufacture all kinds of lumber in the town of Bethel, and for that purpose *378were authorized to construct, repair and maintain upon their land "all suitable buildings.” They erected on their own land, in said town, a steam mill for the manufacture of lumber, with a stationary steam engine therein, without obtaining from the municipal officers of the town a license therefor.
In 1876 the mill was operated by one Pierce under a contract with the…
2Cases cited10 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Swords v. . EdgarNew York Court of Appeals · 1874
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Salisbury v. HerchenroderMassachusetts Supreme Judicial Court · 1871
- Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
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3Cited by8 opinions
- St. Louis & San Francisco Railroad v. MaddenSupreme Court of Kansas · 1908
- St. Louis, B. & M. Ry. Co. v. PriceTexas Commission of Appeals · 1925
- Reynolds v. W. H. Hinman Co.Supreme Judicial Court of Maine · 1950
- Weis-Patterson Lumber Co. v. KingSupreme Court of Florida · 1937
- Johnston v. ME. ENERGY RECOVERY, LTD. P'SHIPSupreme Judicial Court of Maine · 2010
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