Morrison v. Bucksport & Bangor Railroad
Supreme Judicial Court of Maine
On report. Case : For that, whereas, there now is, and for a long time has been, a public highway in the town of Brewer aforesaid, known and designated as Stone street, and that whereas the county commissioners at, &c., 1873, did, according to the statute provided in such cases, define and say upon what conditions the said Bucks-port & Bangor Railroad Company, might lay their track and build a crossing across said street as follows, viz: “The crossing of Stone street, in…
Read the full summary
On report. Case : For that, whereas, there now is, and for a long time has been, a public highway in the town of Brewer aforesaid, known and designated as Stone street, and that whereas the county commissioners at, &c., 1873, did, according to the statute provided in such cases, define and say upon what conditions the said Bucks-port & Bangor Railroad Company, might lay their track and build a crossing across said street as follows, viz: “The crossing of Stone street, in Brewer, to be graded twenty-two feet wide, with a true grade from each rail to the surface of the street, sixty feet…
1Opinion of the CourtPeters, J.
It is a fundamental maxim of the law that a man may use his own land, for lawful purposes, as he pleases. He may make erections or excavations thereon to any extent whatever. Within his own limits, he can control not only the face of the earth, but every thing under it and over it. Thereby, the estate of another man may be, in various ways, injuriously affected. Much loss and hardship even might grow out of it. But it is not a legal injury and there is no legal remedy for it. Such results are necessarily incident to the ownership of land. An early case, illustrating the extreme right of land…
2Cases cited4 opinions
- Hoyt v. City of HudsonWisconsin Supreme Court · 1871
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
- Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- Bates v. SmithMassachusetts Supreme Judicial Court · 1868
3Cited by12 opinions
- Pettengill v. TuroSupreme Judicial Court of Maine · 1963
- Mader v. MettenbrinkNebraska Supreme Court · 1954
- Jack v. TeegardenNebraska Supreme Court · 1949
- Camden Special Road District of Ray County v. TaylorMissouri Court of Appeals · 1973
- Franklin v. DurgeeSupreme Court of New Hampshire · 1901
7 more not listed; retrieve them via the Exa API.