Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 79

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 79

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...lo bepaid by the executor, including. reasonable counsel fees. Wiu.u.u F. Sn!-11.1-: vs. INIIABITANTS or D1-znmxc. Cumberland. Opinion April 5, 1887. Town. Nuisance. A town is not liable for acts which result in creating a nuisance to the property of one of its citizens, when the acts complained of are not within the scope of its corporate powers. ON exceptions from the superior court. An action on the case for creating a nuisance. At the return term the defendants filed a demurrer to the declaration, which was joined. The presiding justice sustained the demurrer and adjudged the declaration bad. To this ruling the plaintifl' alleged exceptions. The opinion states the point. John J. Perry and D. A. Mealzer, for plaintifl'. A demurrer admits all such matters of fact as are sufliciently pleaded. Lowell v. Mo1'se, 1 Met. 475; T. (E G. Railroad v. Nezoton, 1 Gray, 544. A general demurrer to a declaration containing several counts will be overruled if one of the counts is good. Dole v. ll'eelcs, 4 Mass. 451; Swell v. Patrick, 11 Maine, 181; Blanchard v. Hoxie, 34 Maine, 376; N. E. Bank v. Abell, 63 Maine, 346. "The causing or suffering any offal, filth, noisome substance to collect, or remain in any place to the prejudice of others;.. the corrupting or rendering unwholesome or impure the water of a river, stream or pond; the unlawfully diverting it from its natural course or state, to the injury or prejudice of others are nuisances." R. S., c. 17, 5. Any person injured in his comfort, property or the enjoyment of his estate by a common and public, --or by a private nuisance, may maintain against the offender an action on the case for his damages, unless otherwise specially provided. R. S., c. 17, 12. There has been a...show more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236901339
  • 9781236901330