The Republican journal. [volume] (Belfast, Me.) 1829-current, 1908-09-17
THE LAW COURT.
imlISION FROM

Pft,1G, AA.'ript 10y King, j.
Yas h'- itfion of trespass quare
o. bP "a .ecof Yer damages forcutting
5 ,l1 ung dpwn the grass on a lot
u '29'' Vp-lbport, Me. The defence
s.4 ~ t4ra Claim that the locus had
.dl5' 1 ,s-.d by the plaintiff to the use
,a ' aul the adjoining lot own
Did .r. and that the acts complain
81. i5u4 hv him as one of the pub
ot .Iiuined lot owner, and at the
40. ~iYer adjoining lot owners,
l@s .,.s only of identifying and
iI park and rendering it
g .r- Tor the use for which it
j. H.. Plaintiff purchased a tract
J. ...4. addition to its campground
.lt our aud caused the same to be
N' .,r. ots for lease or sale with
...ce If about one acre for the
i .rt44 tract and the laying out
a M which the lots were desig-
j. ,emueT8 and the open space or
g srs.G Bay View Park" Lots
list leased Gin perpetuam"
F. tlers conveyed in fee, by
. .' terence to said plan. The
.4- IS the owner of four and one
' ,s liou-d said "BayViewPark
5ustrument put in evidence,
H. of any of the lots in
l dated May IS, 1881, where
''' ..G eases to the defendant Tin
-'.n ot on their campground
so 4raording to the plan made
. 1H.er Of said lots, and bound
..K>- Beginning on the easterly
ga View Park at the northerly
..- i.a- No. 314; thence souther-
'..4 at and on Bay View Park
IDA vacant lot; thence easterly
9l lot 50 feet to stake and
d. nh zee uortherly by Lot 314 25
~. vacant lot; thence westerly on
.s.. Iut 80 feet to the place of
I#tending thereby to convey
. .- .r.w VS. Lot No. 314 as per said
ITO material conflict of testi-
- ru he original laying out of
tar A park and its subsequent
.... uY the lot owners and the
..-1uly, from which testimony
.u:iiy appears. That at the
-... conveyance of Lot 314 to
..... lie treasurer of the plaintiff,
e- who was authorized to
a#,ypyance, exhibited to him
4 promised that the park
..4I ..rre0n was to be graded
-.. .l.u as a park; that after sew
0p,hing material having
...-.t improve the park, the de-
-I-.d among the lot owners
dollars or more, to which
aided twenty five dollars,
a0ugy was expended by the
.t trading, fertiliZing and
.... 4rsss the park; that the lot
4 tie public generally, have
.- aGk since it was laid out for
..- au4 fecrossing it, and as they
..l4mug lot owners, particular
F .-Qddut. objected to the grass
saving urut on the locus till it |
r. 'H hay, or late in the season,
-- Ma. the park was thereby
h hiss suitable for use and less
Ia aud they offered to care for
~. uVu expense and cut it early
reu IT hand the superintendent
4,sgGation claimed that the hay |
-.a to him as compensation for
and that he was to cut it twice
.-4r which was often enough. He
la- defendant to cut it. On the
day Of June 1907, the grass was
8 rAg DEFENDANTS direction and |
4gaUutendent was notified to re-
jr M desired. This action was |
Ht.ely commenced.
-Jatau is the intentional appro-
Mot lard by the owner to some
0vac use, reserving to himself !
A., ,N-rein inconsistent with the
zrgse and enjoyment of such
ih. utention to dedicate is the
urnciple, and whenever that |
.0o the part of the owner of
-sl,ts in fact and is clearly
either by his words or acts,
H.pII. so far as he is concern
4at | t accepted and used by
.... 1ur the purpose intended it
-. complete, and the owner OF
.ls HerDuded from asserting any
0 taeleln that is not entirely
et win the use for which it
.'rl.
n'.He of dedication is appli
-ruDHic parks and squares, and
.I' 4edication may be establish
saUe manner as in the case OF
v-.. 4 streets and highways.
.".. park" written upon block
4..I cal estate indicates pub
- 4uj when the owner of such
State makes conveyances of por-
..egent by express reference to
'5" sach acts on the part of the
d 4teXplained operate as a dedi-
10 Tire public use of the block so
yag these principles in the case
llrJ eDnsideration we find all the
H clements of complete dedlca-
Vas dividing of a tract of land
ug Oh the seashore into small
u SALE the setting apart of por-
the tract for a park, the repre-
j'Hot the plating by plan show
e 'otS by numbers and the locus
a} View Park" the exhibition of
au 60 purchasers, the selling of
: express reference to the plan,
.omst that the park should be
d a1d kept open as such, and its
iar lot owners and the public
81 Ar their pleasure continuously
4i Frfiod of years during which
we improved and beautifieG it at
NH rSpense.
aienllon on the part of the plain
-r'arHte the locus to the public
park was thus clearly mani
g rs acts and statements ex-
y If those acts. Upon that in
4 So expressed the public and
Iia. citizens had a right to act,
@ 'n ayt, purchasing lots with the
l. H.. l.