Dow v. Portsmouth, Kittery & York Street Railway
Supreme Court of New Hampshire
Case, for injuries received by the plaintiff in a fall from a plank sidewalk in York, Maine, in consequence of the defendants’ negligence in constructing the walk three or four feet perpendicularly above the level of the Mghway without a railing’, thereby rendering the highway unsafe for travelers. Trial by jury and verdict for the plaintiff. The defendants were incorporated by an act of the Marne legislature (Me.
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Case, for injuries received by the plaintiff in a fall from a plank sidewalk in York, Maine, in consequence of the defendants’ negligence in constructing the walk three or four feet perpendicularly above the level of the Mghway without a railing’, thereby rendering the highway unsafe for travelers. Trial by jury and verdict for the plaintiff. The defendants were incorporated by an act of the Marne legislature (Me. Laws 1893, c. 582), which authorized them to construct and maintain a street railway in the highway in question, and which contained, among others, the following provisions : “…
1Opinion of the CourtBlodgett, C. J.
The governing legal principles applicable to this case are the same as those which were applied in Call v. Street Railway, 69 N. H. 562. In that case (which was “for injuries caused by the plaintiffs fall into a ditch by the side of a highway in Kittery, Maine, in consequence of (1) the defendants’ act in removing a fence and thereby rendering the highway unsafe for travelers, and (2) the defendants’ negligence in inviting the plaintiff to board one of their cars as a passenger at an unsuitable place ” ) it was held, in respect of the first ground of complaint, that “ the defendants would be…
2Cases cited1 opinion
- Call v. Portsmouth, Kittery & York Street RailwaySupreme Court of New Hampshire · 1899