Supreme Judicial Court of Maine, 1849

Southerland v. Jackson

Southerland v. Jackson
Supreme Judicial Court of Maine · Decided July 1, 1849 · Orally, Wells
30 Me. 462

Southerland v. Jackson

Opinion of the Court

Wells, J. orally.

— Where a street is marked on a plan, the fee remains in the grantor. Until it is opened, no action for obstructing it can be maintained. The instruction was therefore erroneous. If one grantor could maintain such an action, all of them could. Even if the street had been opened, it might be doubtful whether a person living on one of the lots could maintain such an action, except on proof of ■special damage. Exceptions sustained.

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