Browne Et Al. v. Connor Et Al‪.‬

This is an action brought under the provisions of R. S. 1930, Chap. 26, Sec. 19, to recover damages for a nuisance as defined in Sec. 5 of said chapter as amended by P. L. 1933, Chap. 106, to wit, the obstruction by the defendants of a private way, the use of which was enjoyed by the plaintiffs. The case is before us on report on an agreed statement of facts. The parties are the owners of land at Southport. The plaintiffs' land, which is cultivated, is bounded on three sides by water and on the fourth side by land of the defendants. Pursuant to the provisions of R. S. 1930, Chap. 27, Sec. 16, the plaintiffs petitioned the selectmen of the Town of Southport to lay out a private way from the northeasterly boundary of their land over the land of the defendants to the town or public highway. Such petition received favorable consideration and the proper steps were taken to establish such private way. Exceptions were taken by these defendants to the allowance of the report of referees who assessed the damages in the sum of $750. These exceptions were overruled, Connor et al. v. Inhabitants of Southport, 136 Me. 447, 12 A.2d 414, and judgment was entered for $750, together with costs, to be paid by these plaintiffs before the way might be used. The plaintiffs offered to pay the amount of this judgment but the defendants declined to accept the money, which was finally paid into court. The defendants have refused to permit the plaintiffs to improve or use the way and have obstructed it by fences and other obstacles.