Ireland v. Clark
Supreme Judicial Court of Maine
On exceptions by plaintiff. Action on the case to recover damages for the alleged negligence of the defendants in leaving unguarded a hole cut in the ice on Saint Croix Lake, Aroostook Comity, during a part of the logging season of 1909 whereby the plaintiff lost a horse by drowning. Plea, the general issue. At the conclusion of the plaintiffs’ evidence a non-suit was ordered and the plaintiffs excepted. The case is stated in the opinion.
1Opinion of the CourtHaley, J.
This is an action on the case, alleging negligence of the defendants in leaving unguarded a hole cut in the ice on St. Croix Lake, in Aroostook County, during a portion of the logging season of 1909, whereby the plaintiffs lost a horse by drowning.
During the trial the plaintiffs’ counsel asked the witness Sinclair: “Now I will ask you what the custom among men in the woods who are hauling, in regard to cutting holes in the ice, was?”
The question was excluded, subject to exception.
At the close of the plaintiffs’ testimony the presiding Justice ordered a nonsuit, to which the plaintiffs…
2Cases cited4 opinions
- Joslin v. Grand Rapids Ice Co.Michigan Supreme Court · 1883
- Huff v. FordMassachusetts Supreme Judicial Court · 1878
- Collins v. New England Iron Co.Massachusetts Supreme Judicial Court · 1874
- Bourbonnais v. West Boylston Manufacturing Co.Massachusetts Supreme Judicial Court · 1903
3Cited by3 opinions
- E. N. Nason, Inc. v. Land-Ho Development Corp.Supreme Judicial Court of Maine · 1979
- Burrows & Kenyon, Inc. v. WarrenCourt of Appeals for the First Circuit · 1925
- Chapman v. Peoples Ice Co.Supreme Court of Minnesota · 1914