The Portland daily press., 1898-04-22
LAW COURT.
Two Important Rescripts Received Yes
terdar.

ooAN"As
The following rescripts were received
Ifom the law court yesterday;
Androscoggin, IS.
Union Water Power company VS.. Ran
son =. Pingree ct al.
nescrlpt, Peters, G. 1.-THE defendants,
intending to erect and operate mills fol
Ine manufacture of lumber on lot
leased to them by another party, in pur
suance OF such intention, leased from the
plalntlHs certain measure of water
power, being the right and privilege Of
taxing water for their mills through one
OF ina numes upon one OF the canals ap-
pertaining to the water works belonging
10 the plaintiff, situated in Lewiston on
the Androscoggin river; the leased
premises including fume, water wheels,
shafting and buildings necessary there
to. The lessons were to make ali renewals
ana extraordinary repairs, and the lesees,
~ ordinary repairs, during the term OF
the lease. Midway in the life Of the lease
all the leased buildings and fixtures be-
longing to the lessons, as we'll as the
mills belonging to the lessees, were par
tlally II not totally destroyed by an acct
dental nre, and renewals and extraordi-
nary repairs became Immediately neces-
sary, should the manufacturing business
pc continued; but none were made. Ger
taln things soon transpired which made
IL Tor the interest of both parties not to
IurGher continue the lease, and neither
party undertook to do anything for the
restoration OF the property.
IL IS held to be doubtful, on these facts,
Whebher q covenant to pay rent was
binding for any period after the date of
the ire, because the premises upon which
the lease subsisted were of such transit
tory character.
I But II rent be recoverable. then the
defendants may recoup against the rent
Tor the damages occasioned by q breach
Of the covenant to repair made by the
plaintiffs in the same lease, whether
the latter covenant be regarded as an
express OF implied one.
! Nothing appearing to the contrary, the
damage sustained by the one party will
be presumed to be in.amount the same
as those of the other, the claim and cross
claim being regarded as equal If not
quito alike.
For an admitted amount Of S54 the de-
-endants are to be defaulted
Defendants ,defaulted fol. $54 and inter-
est from date of writ.
Knox, ss
Roekland.
Rescript, Peters. G. 1.-The city of
hockland undertook to widen and
stralRhten portion OF Sea street, the
general course of which is about east and
west on peninsular In Rockland harbor.
or tna5 purpose q new northerly line
a aor 1he street was run at distance north
from the old northerly side line, the city
uieslgning to condemn for its use all the
iaha OF private owners lying between the
Two lines, the old and the new The re-
port OF the committee in charge of the al
oeratlon, correctly names all the owners
over whose land the new line would run.
ana then declares that the city tstakes
all tne land of the above named own
ers between the two lines. The report of
9he committee certified the amount OF
damages sustained by all the different
owners thus named, giving either nomi.
nal OF substantial damages to each own
81 named. 1t turns out, however, that
there is small parcel Of land, 2Ox40 feet
entirely embraced within the territory
which the city designed to TAX and per-
maps supposed they were taking, belong
ing to an owner other than those persons
named as owners, who is not mentioned
does not run over this land, which is the
Icons demanded In the action, nor ap-
proach very nearly to it. It does NOT
appear whether the owner knew Of the
action taken by the city OF not, but no
appeal WAS taken by him. If the pro-
csedings be valid taking of the locus.
then the owners loses his entire lot OF
land without any damages or.compensa-
ton being awarded him, while having no
other adjacent property to be benefited
thereby. Held, that the locus was not
included in the land taken; that ii the
committee intended to take it they omit.
go to 90 SO; and that it is not merely an
illegal OF irregular taking, but not
taking at all.
Judgment for defendants