Herrick v. Marshall
Supreme Judicial Court of Maine
ON eaots agreed, stated in the opinion. Case to recover damages for the infringement of an easement. It was for the defendant to see to, it that he did not trespass upon others. The plaintiffs, as soon as they ascertained their rights, notified the defendant, and forbade his further proceeding. This accidental delay on the part of the plaintiffs, is no evidence of abandonment of their rights. Wash, on Easements, c. 5, § 5, et sequens.
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ON eaots agreed, stated in the opinion. Case to recover damages for the infringement of an easement. It was for the defendant to see to, it that he did not trespass upon others. The plaintiffs, as soon as they ascertained their rights, notified the defendant, and forbade his further proceeding. This accidental delay on the part of the plaintiffs, is no evidence of abandonment of their rights. Wash, on Easements, c. 5, § 5, et sequens. Every continuance of a nuisance is in contemplation of law a fresh nuisance. 8 Am. Law Beg. 382, citing Coshocton Stone Co. v. Buffalo, JV. T. & Erie Railroad.…
1Opinion of the CourtBarrows, J.
The plaintiffs claim damages for the obstruction of an easement for light and air over the defendant’s lot, to which they say they are entitled by virtue of a clause contained in the deed given by Simeon H. Murray (from whom both parties derive their titles,) to one Smith whose title has come through several mesne conveyances to the defendant.
Prior to 1862, Murray owned both lots. He built and lived on the lot now owned by plaintiff's to whom he conveyed in March, 1873. In March, 1864, he conveyed the lot now owned by the defendant (which adjoins the plaintiffs’ lot on the east side thereof))…
2Cases cited3 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Barrow v. RichardNew York Court of Chancery · 1840
- Borst v. . EmpieNew York Court of Appeals · 1851
3Cited by12 opinions
- LeMay v. AndersonSupreme Judicial Court of Maine · 1979
- Hennen v. DevenyWest Virginia Supreme Court · 1913
- United States v. Certain Land in City of Augusta, MaineDistrict Court, D. Maine · 1963
- O'NEILL v. WilliamsSupreme Judicial Court of Maine · 1987
- McNair v. RaymondMichigan Supreme Court · 1921
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