Orcutt v. Kittery Point Bridge Co.
Supreme Judicial Court of Maine
ON Exceptions from Nisi Prius, Appleton, C. J., presiding. Case for damages sustained in consequence of defects in a toll bridge. When the plaintiff had introduced his testimony, the presiding Judge ruled that the action could not be maintained, and thereupon ordered a nonsuit to be entered, to which ruling the plaintiff alleged exceptions.
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ON Exceptions from Nisi Prius, Appleton, C. J., presiding. Case for damages sustained in consequence of defects in a toll bridge. When the plaintiff had introduced his testimony, the presiding Judge ruled that the action could not be maintained, and thereupon ordered a nonsuit to be entered, to which ruling the plaintiff alleged exceptions. The facts sufficiently appear in the opinion. contended that,— 1. The rights and liabilities of towns and toll bridge companies are not the same. The former is a statute and the latter a common law liability. When a traveller pays toll and stops upon the…
1Opinion of the CourtBarrows, J.
Men are liable to various calamities by which they may be deprived of property, health, or even life itself. Some happen in the providence of God by what plainly appears to be inevitable accident, — 'Others are fairly attributable to human agency, culpable or innocent. For some, which can be shown to have occurred through human artifice or negligence, without fault of the injured party contributing thereto, the law furnishes him a remedy against the guilty cause. For others, which are brought about by a combination of causes, even without fault of the person injured, he may be entirely…
2Cases cited2 opinions
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- Mathews v. Winooski Turnpike Co.Supreme Court of Vermont · 1852
3Cited by13 opinions
- State v. WardSupreme Court of Vermont · 1888
- De Motte v. ArkellCalifornia Court of Appeal · 1926
- LeClear v. PerkinsMichigan Supreme Court · 1894
- Ellis v. McNeeseCalifornia Court of Appeal · 1930
- Kinney v. OnstedMichigan Supreme Court · 1897
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