Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-01-11

| Washington county-The Mibrdge &
Cherryfield Electric r. X. Co.. Aplts..
from Municipal Officers of Mibridse. Re
| script by Savage, j.
| LIN an appeal based upon the alleged
| neglect or refusal of municipal officers tn
approved the proposed route of an cleo
| trio railroad company, under the provis-
| ions of Chapter 26S section &, of the Pub
| lie Laws of 1898. as amended by Chapter
| 119. section 2, Public Laws of 1899, relat-
| ing to the organization of street railroad
should be alleged to show that the court
| has jurisdiction and that the appellant
had the right to apply to the municipal
officers for an approval of it's route. But
! it is not necessary to aliege all the steps
| by which the appellant obtained that
| right The statute gives that right to
every corporation organized thereun-
| der. Under the statute as 1T existed when
| the appellant company was organized. as
preliminary to organization. 1t was neces-
| sary that the railroad commissioners
should determine that public convenience
required the construction of the railroad
But it is unnecessary to allege speciii-
| cally in an appeal like this one that the
railroad commissioners had so Gete rmin-
ed, for it is necessarily implied in the
| expression corporation organized or in
any expression meaning substantially the
same, as in the one used in this appeal;
| 1T being argued that section l of
| chapter 119 of the laws of 1899 is uncon-
stitutionaI the court without considering
| that question, holds that whatever might
respect to the mooted question of CON
stitutonality, section two of the same
| chapter upon which the application and
appeal in this case are based, STANDS III
| full force.
9-The court holds that chapter 119,
section 2, of the Public Laws OF 1892 re-
lating to the route and location of street
railroads in the ways and streets of 4
town, to the approval thereof by the mu
| nicipal officers, and to appeals from their
actions or refusal to act, is not unconsti-
-, Al haip hoy nd Ia % an
thority or as being arbitrary and unjust.
or as permitting the property of towns
to be taken for street railroad purposes
without just compensation. The pubic
has mere easement in land taken and
condemned for a highway or townway.
| 1t has the right to use 1t In certain ways,
within the scope of the easement, inc
public which acts through the legislature.
may regulate and control may extend
or diminish the public uses, as it sees fl.
The legislature has authority even to1
regulate and control towns themselves
For towns are but subdivisions of politi-
cal government created by the legisla-
ture. The operation of street railroad
| is an appropriate public use OF street.
While a town is charged with the Fer
| Torrance of many duties with respect t.
roads, and possesses qualified contro
over them, ii does not own them. Whei'
the legislature authorizes new method
| of use of the public easement in a way,
a town has no such property interest Il.
| the way, as will entitle it to pecuniary
COMPENSATION, nor has All injury beef
done to it, of which 1t can properly com
plain.
Exceptions ovcrrrled.
Franklin County-Charles X. Donnell
VS.. Frank G. Penney. Admir-. of the estate
of Manly Sanderson ReScript by Pea
body J. (No opiiion).
This is an action of assumpSit to recov-
| er $3i 50 for medical attendance AMI medi-
cines alleged to have been furnished D.
the plaintiff to the defendants intestate
in his lifetime.
Neither in the writ nor declaration i:
there any allegation that the, plaintiff
was a physician or surgeon or had re-
ceived any medical degree from any med
| zeal institution, or any license from the
Maine Medical Association, or that he
| had at any time obtained a certificate OF
good moral character from the municipal
officers of the town where he then resid-
ed.
The right of the plaintiff to recover fof
these services exists If he was. at the
| time they were rendered, lawful medi-
cal practitioner; and the declaration, il
| indebitatus assumpsit on account an
nexed which alleges the legal indebted
ness of the defendant that. he being
! indebted to the plaintiff promised to pay
him." complies with the rules OF pleading.
Defendant defaulted.