Page v. Bucksport
Supreme Judicial Court of Maine
On exceptions. This was an action for damages from an injury alleged to have been caused by a delect in a highway in Bucksport.
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On exceptions. This was an action for damages from an injury alleged to have been caused by a delect in a highway in Bucksport. There was evidence tending to show that the plaintiff was riding over a bridge in that town, when his horse broke through the bridge and fell; that the plaintiff being uninjured by such fall, jumped from his gig and immediately proceeded to extricate the horse ; and that while so doing he was struck by the horse’s head, (in the animal’s struggle to free himself) and was injured. The only instruction objected to was as to the rule of damages, which was given, joro…
1Opinion of the CourtPeters, J.
The plaintiff was driving with a horse and gig over a defective bridge in the defendant town when the horse broke *53through the bridge and fell. The plaintiff immediately jumped from his gig and undertook to extricate the horse from the hole in the bridge. In doing so, in the struggle of the horse to free himself, he was struck by the horse’s head and personally injured thereby. He was at the time of the injury in the use of common care.
The question is, whether the defect in the way can be considered as the direct and proximate cause of the injury complained of. The defendants contend that it…
2Cases cited1 opinion
- Stickney v. Town of MaidstoneSupreme Court of Vermont · 1858
3Cited by14 opinions
- Seale. v. Gulf, Colorado & Santa Fe R'y Co.Texas Supreme Court · 1886
- Illinois Central Railroad v. SilerIllinois Supreme Court · 1907
- Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
- Wilson v. Northern Pacific Railway Co.North Dakota Supreme Court · 1915
- Thompson v. FrankusSupreme Judicial Court of Maine · 1955
9 more not listed; retrieve them via the Exa API.