Pillsbury v. Brown
Supreme Judicial Court of Maine
On REPORT. This was an action of trespass for entering the plaintiff’s close, at Old Orchard, bounded on its southerly side by Old Orchard road, and removing a retaining wall next to the road, and part of the steps from the Revere House standing on her lot, cutting into the bank about nineteen feet and removing the soil. The defendants, street commissioner and selectmen of the town, removed the wall and earth for the purpose of repairing and improving the street.
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On REPORT. This was an action of trespass for entering the plaintiff’s close, at Old Orchard, bounded on its southerly side by Old Orchard road, and removing a retaining wall next to the road, and part of the steps from the Revere House standing on her lot, cutting into the bank about nineteen feet and removing the soil. The defendants, street commissioner and selectmen of the town, removed the wall and earth for the purpose of repairing and improving the street. They cut up to within six or eight inches of a line which they claimed is the southerly line of plaintiff’s lot, and the northerly…
1Opinion of the CourtWabton, J.
The defendants, acting in behalf of their town, widened the street in front of the plaintiff’s hotel at Old Orchard, and built a sidewalk. She claixns that in so doing they did not keep within the limits of the street, hut exteixded it on to her land, and she has sued them in an action of trespass for breaking and entering her close.
We do not think the action is maintainable. We think the defendants did keep within the limits of the street. The street was laid out three rods wide; and we have the testimony of one of the selectmen by whom it was laid out, and of others who assisted iix…
2Cited by25 opinions
- Quinn v. BaageSupreme Court of Iowa · 1907
- Foley v. H. F. Farnham Co.Supreme Judicial Court of Maine · 1936
- Schillawski v. State of New YorkNew York Court of Appeals · 1961
- Bayard v. Standard Oil Co.Oregon Supreme Court · 1901
- Webb v. Board of CommissionersSupreme Court of Kansas · 1893
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