Martin v. Maine Central Railroad
Supreme Judicial Court of Maine
On motion. This1 was an action for tlie diversion, &c., of the water, &c., from the plaintiff’s land. The writ is dated August 24, 1888. The defendant company pleaded the general issue; and alleged in its brief statement that the plaintiff was estopped by his acts, his deed, and by his silence in not denying the defendants’ title on the premises at the time of the alleged trespass. The verdict was for the plaintiff.
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On motion. This1 was an action for tlie diversion, &c., of the water, &c., from the plaintiff’s land. The writ is dated August 24, 1888. The defendant company pleaded the general issue; and alleged in its brief statement that the plaintiff was estopped by his acts, his deed, and by his silence in not denying the defendants’ title on the premises at the time of the alleged trespass. The verdict was for the plaintiff. The defendants, thereupon, filed a general motion for a new trial. The facts are sufficiently stated in the opinion. Plaintiff estopped by deed. After some acts of alleged…
1Opinion of the CourtWhitehouse, J.
Motion to set a side a verdict for the plaintiff in an action for making excavations, laying pipes and diverting water from springs on the plaintiff’s land.
The plaintiff claims title by adverse possession. The defendant contends that the acts complained of were performed in the enjoyment of a private easement acquired by deed of August 23, 1883, from Dudley Martin, the plaintiff’s uncle, to the Frenchman’s Bay Steamboat Line and a deed from that company to the defendant of November 25, 1883 ; and further says that the former deed was executed under circumstances which constitute an equitable…
2Cases cited6 opinions
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Wendell v. Van RensselaerNew York Court of Chancery · 1815
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Hedges v. RikerNew York Court of Chancery · 1821
- Cady v. OwenSupreme Court of Vermont · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Milliken v. BuswellSupreme Judicial Court of Maine · 1973
- Wadge v. KittlesonNorth Dakota Supreme Court · 1903
- Battle v. ClaiborneTennessee Supreme Court · 1915
- Kirchman v. Standard Coal Co.Supreme Court of Iowa · 1901
14 more not listed; retrieve them via the Exa API.