Huntington v. City of Calais
Supreme Judicial Court of Maine
On exceptions by defendant. Sustained. Special action on the case under Revised Statutes, chapter 23, section 76, to recover damages for a personal injury alleged to have been received by the plaintiff through a defect in a public street which the defendant city was bound by law to maintain and keep in repair. It is assumed that the plea was the general issue and that the verdict was' for the plaintiff although the record is silent on both points.
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On exceptions by defendant. Sustained. Special action on the case under Revised Statutes, chapter 23, section 76, to recover damages for a personal injury alleged to have been received by the plaintiff through a defect in a public street which the defendant city was bound by law to maintain and keep in repair. It is assumed that the plea was the general issue and that the verdict was' for the plaintiff although the record is silent on both points. The defendant city excepted to certain rulings of the presiding Justice. The case is stated in the opinion.
1Opinion of the CourtWhitehouse, J.
This is an action on the case to recover damages for a personal injury alleged to have been received by the plaintiff through a defect in a public street which the defendant city was bound by law to maintain and keep in repair. The action is based on section 76 of chapter 23 of the Revised Statutes, which provides that a person seeking to recover damages for an injury thus sustained "shall within fourteen days thereafter, notify one of the municipal officers of the town, by letter or otherwise, in writing, setting forth his claim for damages and specifying the nature of his injuries and the…
2Cited by15 opinions
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Johnson v. City of GlendaleCalifornia Court of Appeal · 1936
- Szroka v. Northwestern Bell Telephone Co.Supreme Court of Minnesota · 1927
- Ransom v. City of South BendWashington Supreme Court · 1913
- Ernestine Hirshfeld, of the Estate of Sam H. Hirshfeld v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1958
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