Legal Opinion

Beverage v. Inhabitants of Rockport

Supreme Judicial Court of Maine

Decided December 9, 1909PublishedCited by 3 opinions

On motions and exceptions by defendants. Special action on the case under Revised Statutes, chapter 23, section 76, to recover damages for personal injuries sustained by the -plaintiff while riding in the evening along a highway in the defendant town, and caused by a collision of his wagon with a guy wire employed by the defendant town to support a certain derrick in the highway and which was unguarded by a light or other warning. Plea, the general issue.

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On motions and exceptions by defendants. Special action on the case under Revised Statutes, chapter 23, section 76, to recover damages for personal injuries sustained by the -plaintiff while riding in the evening along a highway in the defendant town, and caused by a collision of his wagon with a guy wire employed by the defendant town to support a certain derrick in the highway and which was unguarded by a light or other warning. Plea, the general issue. Vei'dict for the plaintiff for $988. The defendant town excepted to certain rulings made during the trial, and filed a general motion for a…

1Opinion of the CourtWhitehodse, J.

In this action the plaintiff obtained a verdict of $988 for personal injuries received by him on the evening of August 18, 1907, while he was traveling along the highway leading from Rockport Village to Simonton’s Corner in the town of Rock-port. He claims that the injuries were caused by a collision of his wagon with a guy wire employed by the defendant to support a derrick which was in use at that point in the highway but unguarded by a light or other warning.

The plaintiff was required by section 76 of chapter 23, R. S., to give the municipal officers a written notice of the accident within…

2Cited by3 opinions

  1. City of Indianapolis v. EvansIndiana Supreme Court · 1940
  2. Volk v. City of Michigan CityIndiana Court of Appeals · 1941
  3. Hardebeck, Etc. v. City of AndersonIndiana Court of Appeals · 1965

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