Brewer v. Inhabitants of Cumberland

POMEROY, Justice.

This case is before us on appeal from the granting of a motion to dismiss the complaint.

We find the complaint was properly dismissed and deny the appeal.

The action, which was the subject matter of the motion to dismiss, was based on a claim that the plaintiff received personal injuries while driving his automobile on Chebeague Island in the Town of Cumberland along a public way.

The appellant says, in the language of his complaint:

“As he came over the top of a public way, called Post Office Hill road, he suddenly came upon wet or fresh tar which had been applied over the full…