Holmes v. Inhabitants of Paris
Supreme Judicial Court of Maine
On exceptions. An action to recover damages sustained June 10, 1882, by reason of a defect in the road, leading from South Paris village to Hebron in the town of Paris.
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On exceptions. An action to recover damages sustained June 10, 1882, by reason of a defect in the road, leading from South Paris village to Hebron in the town of Paris. The writ was dated February 3, 1883. The defendant demurred to the writ on the ground that it did not allege that the municipal officers, highway surveyors or road commissioners of the defendant town had twenty-four hours actual notice of the defect or want of repair ; and the exceptions were to the ruling of the court in overruling the demurrer. Other material facts are stated in the opinion. cited : Brooks v. Somer-ville,…
1Opinion of the CourtPeters, C. J.
This is an action against a town for an injury caused by an alleged defect in its highway. The declaration alleges that " heaps and piles of dirt ” were deposited and left in the traveled way by the town surveyor in such condition and position as to render the way defective and unsafe. The statute requires a notice to a surveyor (or some municipal officer) for a period not less than twenty-four hours prior to an accident, to render the town liable. This accident occurred within twenty-four hours after the piles of dirt were deposited upon the way. The only question presented to us at this…
2Cases cited5 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Jackson ex dem. Scofield v. CollinsNew York Supreme Court · 1824
- Brooks v. Inhabitants of SomervilleMassachusetts Supreme Judicial Court · 1871
- Whitney v. WhitneyMassachusetts Supreme Judicial Court · 1817
- Monies v. City of LynnMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- People v. OliverCalifornia Supreme Court · 1961
- Ex Parte LorenzenCalifornia Supreme Court · 1900
- Camp Walden v. JohnsonSupreme Judicial Court of Maine · 1960
- Morneault v. Inhabitants of Town of HampdenSupreme Judicial Court of Maine · 1950
- Rockhold v. Board of County CommissionersSupreme Court of Kansas · 1957