Smith v. Preston
Supreme Judicial Court of Maine
On motion and exceptions by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff February 1, 1907, and caused by the alleged negligence of the defendant.
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On motion and exceptions by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff February 1, 1907, and caused by the alleged negligence of the defendant. The defendant was the owner of a certain two-story building on Washington Avenue, Portland, and the plaintiff claimed that a certain gutter on the outside of the defendant’s building and over which he had control, was defective and leaky so that the water accumulated by it was wrongfully discharged upon the public sidewalk where it froze and rendered the sidewalk dangerous and that the…
1Opinion of the CourtKing, J.
On the first day of February, 1907, between'nine and twelve o’clock in the forenoon, the plaintiff, a lady past eighty years of age, while walking on the sidewalk on the southerly side of Washington Avenue in Portland, fell and received bodily injuries. She claims that the cause of her fall was a spot of ice which had formed there by the freezing of water wrongfully conducted by the defendant from his building upon the sidewalk, and which rendered the walk dangerous. In this action for damages she has obtained a verdict, and the case is here on defendant’s motion to have the verdict set aside…
2Cases cited5 opinions
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1869
- Larue v. Farren Hotel Co.Massachusetts Supreme Judicial Court · 1874
- Graham v. MasonU.S. Circuit Court for the District of Massachusetts · 1872
3Cited by13 opinions
- Johnson v. Prange-Geussenhainer Co.Wisconsin Supreme Court · 1942
- Valin v. JewellSupreme Court of Connecticut · 1914
- Foley v. H. F. Farnham Co.Supreme Judicial Court of Maine · 1936
- Thompson v. FrankusSupreme Judicial Court of Maine · 1955
- Ross v. HanerCourt of Appeals of Texas · 1922
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