Mayberry v. Inhab'ts of Standish
Supreme Judicial Court of Maine
On Exceptions and motion to set aside the verdict ás being against evidence. Case for injury occurring in consequence of a defect in an alleged highway in the defendant town.
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On Exceptions and motion to set aside the verdict ás being against evidence. Case for injury occurring in consequence of a defect in an alleged highway in the defendant town. The following instructions, (requested by the defendants’ counsel, so far as indicated by quotation marks) were given to the jury : — " 2. If, from the facts in the case, the jury shall find that the use of the road in question, as proved, has been permissive, and by the indulgence and license of the owner of the land over which it passes, then such use does not impose upon the defendants an obligation to keep it in…
1Opinion of the CourtBarrows, J.
— The report of the evidence shows that, over a somewhat extensive tract of pitchpine plains nowhere enclosed by fences, deemed of trifling value for agricultural purposes, called Chadbourne’s Plains, in the town of Standish, there has been a road more or less travelled for the last sixty-five years during summer, and, in winter, when the depth of snow would permit, by those who had occasion to go from Standish Neck to Gorham Corner, or Moody’s *346mill, in Gorham. It was also a convenient route for those living in one neighborhood in the north-western part of the town of Gorham to go to Standish…
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- MacKenna v. Inhabitants of Town of SearsmontSupreme Judicial Court of Maine · 1976
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