Legal Opinion

Burr v. Stevens

Supreme Judicial Court of Maine

Decided July 22, 1897PublishedCited by 4 opinions

Agreed Statement. This was an action of trespass q. c. in wliich the plaintiff alleged that the defendant with force and arms broke and entered the plaintiff’s close in West Gardiner, and then and there drove his horse and wagon over the plaintiff’s land, continually using the same for a driveway; also for digging up the ground and depositing rags and refuse, and moving stones thereon; and, also for digging and leaving a ditch there of more than one hundred feet in length,…

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Agreed Statement. This was an action of trespass q. c. in wliich the plaintiff alleged that the defendant with force and arms broke and entered the plaintiff’s close in West Gardiner, and then and there drove his horse and wagon over the plaintiff’s land, continually using the same for a driveway; also for digging up the ground and depositing rags and refuse, and moving stones thereon; and, also for digging and leaving a ditch there of more than one hundred feet in length, two feet wide and ten to fifteen inches deep. The defendant pleaded the general issue, and also filed a brief statement,…

1Opinion of the CourtWiswell, J.

The parties are owners of adjoining lots of land, both upon the highway. For the purpose of passing between his lot and the highway, the defendant constructed a driveway, by making excavations and piling up rocks and refuse, across the plaintiff’s land, within the limits of the highway as located, but outside of the wrought or traveled portion thereof. These acts and the use of the driveway by the defendant are the trespasses complained of. The case comes to the law court upon agreed facts with the stipulation that if the defendant is liable the damages shall be nominal.

It is unnecessary to…

2Cases cited1 opinion

  1. Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893

3Cited by4 opinions

  1. City of Rockland v. JohnsonSupreme Judicial Court of Maine · 1970
  2. Brooks v. BessSupreme Judicial Court of Maine · 1937
  3. Elam v. ElamCourt of Appeals of Kentucky · 1959
  4. Big Cottonwood Tanner Ditch Co. v. MoyleUtah Supreme Court · 1945

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