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Dillingham v. Roberts

77 Me. 284, 1885 Me. LEXIS 61
Procedural entryThis page is a short order in Dillingham v. Roberts. Read the opinion of the Court — 75 Me. 469 →
Supreme Judicial Court of Maine·Decided April 16, 1885·Published

Opinion

•Lxbbev, J.

Assuming that, if the defendant is constructing his wharf below low water in front of the plaintiff’s lot in a manner to obstruct or impair access to his lot by water, the plaintiff may maintain his bill in equity for the injunction prayed for, (but on this point we express no opinion) still, the facts being in issue it is incumbent upon the plaintiff to prove them. The plaintiif alleges in his bill, that all of the wharf below low ■water mark, if completed, would lay directly in front of his lot. The defendant, in his answer, denies this allegation. The burden is on the plaintiff to prove it.

[286]*286

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Dillingham v. Roberts, 77 Me. 284, 1885 Me. LEXIS 61 (Me. 1885).

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