Dugan v. City of Portland

Plaintiff appeals from dismissal of her complaint. She alleged that she tripped over spikes protruding from a railroad tie used as a retaining wall in a sidewalk maintained by the defendant municipal corporation. She alleges that this condition constituted a nuisance and seeks recovery under the nuisance statute. R. S., Ch. 141, Sec. 6.

R. S., Ch. 96, Sec. 89 provides a remedy for one situated as was this plaintiff. The statute provides in part:

“Whoever receives any bodily injury * * * through any defect or want of repair or sufficient railing in any highway, townway, causeway or bridge may…