The Portland daily press., 1893-12-22

The following decisions and rescripts,
by Judge Emery, were received yester-
day from the law court:
ANDRosCoGGIN COUNTY.
John J.Ryan VS.. The City OF Lewis
ton.
Rescript /. Mem bership in the City
Council of the City of Lewiston, is not
a statute cause for the removal of a
permanent Assistant Engineer in the
Lewiston Fire Department by the Board
of Fire Commissioners.
2. Such mem bership is not incompati-
bic with the Office Of permanent Assis-
tant Engineer.
Exceptions overruled.
WALDO COUNTY.
Abbie E. c. Wright VS.. Hartwell Wood
cock ct ais.
Bescript. A water company having
by authority Of its charter taken las for
public causes, laud and the water of a
stream flowing Thorough it for the pur-
pose OF obtaining "a sufficient supply of
water and for the construction of reser-
voirs, is entitled to the exclusive possess
ion of such land and.to the enjoyment of
such riparian rights as appertain to the
land 81
The original owner cannot maintain
an action of trespass against any person
for taking ice from the, stream flowing
thorough such land, as such taking is
no injury to the reversion.
Plaintiff nonsuit.
David W Mansfield ct al VS.. Martha E.
McGinnis.
Rescript. An occupation of the COM
mon land by one co-tenant openly, no
toriously continuously, and exclusively
for more than twenty years is no of it
sell. even, prima facie evidence Cnat the
occupation is adverse to the other CO.
tenants.
For. such occupation to work disseizin
of the other o-tenaants, they must have
been actually ousted or excluded.
The evidence in this case does not
sh ow any such custer.
Motion sustai med New trial granted
HANCOCK COUNTY.
David A. Bunker VS.. Charles B. Pineo.
RescripJ. A covenant in a lease of land
to provide the said lessee with a suita-
BILE right of way to and from said lot" is
not covenant of warranty, or guaranty
and it is not performed by showing
that right of way by necessity already
existed. 1t is covenant to do some
thing, and is broken by the covenanter's
inaction.
The defendant was not prejudiced by
the rulings.
There was evidence to sustain the as
sessment of damages by the jury. Mo-
ton and exceptions overruled.
YORK COUNTY.
Benjamin F. Hamilton ct al vs. Living
l.. Hill and Albert W. Cole, Trustee.
Rescript. The disclosure of the Trus-
tee expressly stated that he was owing
nothing to the principal defendant, and
contained an itemized account between
the trustee and the principal defendant
The account was stated in the disclosure
to be accurate in every particular. 1t
showed a sbalance due the trustee
There was no other evidence, and hence
the disclosure must be taken to be true.
Trustee discharged with costs.
SOMERSET COUNTY.
Henry Merrill, Ex'r VS.. Matilda Hay
den ct ais.
Rescript ordered as follows:
l. Bill sustained.
2 Matilda Hayden takes nothing of
the estate until after the death of Maria
X. Merrill.
g. The Maine Free Baptist Association
takes nothing under the will.
f. The legacy to the Maine Free Bap-
fist Home Missionary Society lapses to
the estate.
5. The executor does not become trus-
tee from the provisions of the will.
6. Decree to be made as above and ac-
cording to the opinion.
KNOX COUNTY.
Lime Rock Railroad Company Petit
toner VS.. Lucy C. Farnsworth.
Rescript. A railroad company in tax
ing by statute authority strip of land
for the location, construction, repair
and convenient use of its road, thereby
takes all the marble or limerick upon or
under the surface of such strip.
If such marble or limerick is owned
separately from the ownership of the rest
of the land, the railroad company can
maintain petition for the assessment to
the damages the owner OF the marble
or limerick has sustained from such TAX
ing.
Motion to dismiss denied. Petition
sustained and case remanded for trial.