Legal Opinion

Inhabitants of Topsham v. Inhabitants of Lisbon

Supreme Judicial Court of Maine

Decided May 3, 1876PublishedCited by 6 opinions

On' exceptions, and motion to set aside the verdict as against evidence,its weight, and because the damages($850)'were excessive. Case, founded on the negligence of the defendants in so making a county road ordered by the county commissioners, and changing the current of the stream that it washed out the abutment made by the plaintiffs on their side of the same county road.

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On' exceptions, and motion to set aside the verdict as against evidence,its weight, and because the damages($850)'were excessive. Case, founded on the negligence of the defendants in so making a county road ordered by the county commissioners, and changing the current of the stream that it washed out the abutment made by the plaintiffs on their side of the same county road. An island lay in the stream on the line of the road between the two towns, and the negligence charged was that the defendants in building their end of it made a dump from the island to the western shore instead of a bridge…

1Opinion of the CourtBarrows, J.

The case is presented upon exceptions, and mo*460tion to set aside the verdict as against evidence and the weight of evidence, and because the defendants deem the damages excessive.

The action is case — setting forth the existence of a highway between the two towns crossing Little River, and of an abutment, bridge and embankment on the Topsham side forming a part of said highway, which the plaintiff town was bound by law to keep in repair, and alleging a negligent and unlawful obstruction of the natural course of the water by the defendants, turning the stream against the eastern bank, causing it…

2Cases cited1 opinion

  1. Gray v. HarrisMassachusetts Supreme Judicial Court · 1871

3Cited by6 opinions

  1. Metropolitan S. S. Co. v. VanderbiltCourt of Appeals for the First Circuit · 1896
  2. Anderson v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1914
  3. Nelson v. Maine Turnpike AuthoritySupreme Judicial Court of Maine · 1961
  4. State Highway Commission v. StadlerSupreme Court of Kansas · 1944
  5. Robichaud v. Napoleon St. CyrSupreme Judicial Court of Maine · 1954

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