Home/Supreme Judicial Court of Maine/Dillingham v. Roberts

Dillingham v. Roberts

77 Me. 284, 1885 Me. LEXIS 61
CourtSupreme Judicial Court of Maine
DecidedApril 16, 1885
StatusPublished

This text of 77 Me. 284 (Dillingham v. Roberts) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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.

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Bluebook (online)
77 Me. 284, 1885 Me. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dillingham-v-roberts-me-1885.