Folsom v. Freeborn
Supreme Court of Rhode Island
Plaintiff’s petition for a new trial. The facts are stated in tlie opinion of the court. The action of the presiding justice at the trial before a jury in directing a verdict for the defendant was erroneous, and the case should have been submitted to the jury. First. On the question of damage to the race-way, or water privilege. Second. On the question of damage caused by filling up the water around said platform wharf.
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Plaintiff’s petition for a new trial. The facts are stated in tlie opinion of the court. The action of the presiding justice at the trial before a jury in directing a verdict for the defendant was erroneous, and the case should have been submitted to the jury. First. On the question of damage to the race-way, or water privilege. Second. On the question of damage caused by filling up the water around said platform wharf. I. A municipal corporation is liable for an act which would give an action against an individual, if the act is done by authority of the corporation, or is ratified by the…
1Opinion of the CourtDurfee, C. J.
This is a petition for the new trial of an action on the case against the town of Warren. The grounds on which the plaintiff sought to maintain his action may be stated as follows: In 1794, one Duncan Kelley was the owner of certain real estate, consisting of the Homestead or Ferry House lot, so called, and the buildings thereon, situated in Barrington, on the west bank of Palmer’s River, and also of the ferry established across the river. In that year the General Assembly granted him authority to build a bridge across the river at the place of the ferry, and to do whatever might be necessary…
2Cases cited10 opinions
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Rogers v. JonesNew York Supreme Court · 1828
- Mills v. HallNew York Supreme Court · 1832
- Brayton v. City of Fall RiverMassachusetts Supreme Judicial Court · 1873
- Inhabitants of Arundel v. M'CullochMassachusetts Supreme Judicial Court · 1813
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