Atwood v. New England Telephone & Telegraph Co.
Supreme Judicial Court of Maine
On exceptions by plaintiffs. Action of trespass quare clausum under Revised Statutes, chapter 97, section 11, for entering upon ornamental grounds of the plaintiffs and cutting down and removing therefrom, without permission of the owners, certain ornamental trees, and lopping, trimming, and otherwise defacing certain other ornamental trees thereon standing.
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On exceptions by plaintiffs. Action of trespass quare clausum under Revised Statutes, chapter 97, section 11, for entering upon ornamental grounds of the plaintiffs and cutting down and removing therefrom, without permission of the owners, certain ornamental trees, and lopping, trimming, and otherwise defacing certain other ornamental trees thereon standing. Plea, the general issue with brief statement as follows : "That the close described in the plaintiffs’ writ was within the limits of a public highway in said town of Hampden and that any entries made by the defendant were made with the…
1Opinion of the CourtEmery, C. J.
The action was trespass q. c. for entering plaintiffs’ close and cutting down trees thereon. After verdict for the plaintiffs for actual damages as instructed by the court, the plaintiffs moved for judgment for three times the amount of the actual damages. The court denied the motion and the plaintiffs excepted. The bill of exceptions allowed by the presiding Justice and presented to the Law Court made "the evidence introduced at the trial, including the plans and photographs exhibited,” a part of the bill. The evidence, plans and photographs thus made a part of.the bill were not filed, and…
2Cited by3 opinions
- Charles Cushman Co. v. MackesySupreme Judicial Court of Maine · 1937
- Colby v. TarrSupreme Judicial Court of Maine · 1943
- Gregoire v. LesieurSupreme Judicial Court of Maine · 1951