Card v. City of Ellsworth
Supreme Judicial Court of Maine
On report. Case, for an alleged injury to the female plaintiff by means of a defect in the highway, stated in the report thus : “She was riding with a young woman in a wagon, and-came upon a place where a large rock had been raised by the defendants from the ground, and remained within the traveled way, in such a position as to be calculated to frighten a horse such as the parties were then driving, going within a rod or so of the obstruction.
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On report. Case, for an alleged injury to the female plaintiff by means of a defect in the highway, stated in the report thus : “She was riding with a young woman in a wagon, and-came upon a place where a large rock had been raised by the defendants from the ground, and remained within the traveled way, in such a position as to be calculated to frighten a horse such as the parties were then driving, going within a rod or so of the obstruction. The horse being frightened, and unwilling to pass the obstrm, tion, the young woman got out and took the horse by the head, aud while the plaintiff was…
1Opinion of the CourtPeters, J.
In our opinion the defect in the way was the proximate cause of the injury, if the facts are as the plaintiffs claim them to be. The travelers had no knowledge of the defect in the way until they came upon it. The horse becoming frightened and unmanageable, the female plaintiff was getting out of the wagon, to avoid the threatened danger, when the accident occurred. She was in the use of common care, in doing so. We think this statement brings the case within the principle of Lund v. Tyngsboro, 11 Cush., 563; and of Page v. Bucksport, 64 Maine, 51. In the series of antecedent events, the act…
2Cases cited10 opinions
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Foshay v. Town of Glen HavenWisconsin Supreme Court · 1870
- Morse v. Town of RichmondSupreme Court of Vermont · 1868
- Dimock v. Town of SuffieldSupreme Court of Connecticut · 1861
- Ayer v. City of NorwichSupreme Court of Connecticut · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- North Manheim Tp. v. ArnoldSupreme Court of Pennsylvania · 1888
- Dutzi v. GeiselMissouri Court of Appeals · 1886
- Fallon v. United RailroadsCalifornia Court of Appeal · 1915
- Rodgers v. HarperSupreme Court of Alabama · 1910
- Chretien v. New Orleans Rys. Co.Supreme Court of Louisiana · 1904
3 more not listed; retrieve them via the Exa API.