Sawyer v. Inhabitants of Naples
Supreme Judicial Court of Maine
On exceptions from the superior court. Case, for damages, for injuries received, through a defect in a highway, February 26, 1875. On the point of notice required by c. 215, of the acts of 1874, the plaintiff testified that on March 24, 1875, he went into the store of Mr. Bray, one of the selectmen, and said to him, “I shall claim damages of the town for injuries received in the back, on the Sylvester Paul road. He asked me how much.
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On exceptions from the superior court. Case, for damages, for injuries received, through a defect in a highway, February 26, 1875. On the point of notice required by c. 215, of the acts of 1874, the plaintiff testified that on March 24, 1875, he went into the store of Mr. Bray, one of the selectmen, and said to him, “I shall claim damages of the town for injuries received in the back, on the Sylvester Paul road. He asked me how much. I told him I did not know; we would.wait and see how I got over it. He said they would object on the ground I was not in the road.” The presiding justice ruled,…
1Opinion of the CourtAppleton, C. J.
This is an action against the defendant corporation to recover damages for an injury occasioned by a defect in a highway which it was bound to keep in repair. It comes before us upon exceptions to the ruling of the presiding justice and upon a motion for a new trial.
By R. S., c. 18, § 65, persons injured by defects or want of repair, etc., may recover damages against the towns or cities responsible for such defects or want of repair. This section was amended by c. 215 of the acts of 1874, which provides that “any person who sustains any injury or damage as aforesaid, shall notify the county…
2Cases cited1 opinion
- Rogers v. Inhabitants of NewburyMassachusetts Supreme Judicial Court · 1870