Moulton v. Lewiston, Brunswick & Bath Street Railway
Supreme Judicial Court of Maine
On motion by defendant. Sustained. New trial granted. Action on the case to recover damages for injury to the plaintiff’s horse, pung and harness caused by the alleged negligence of the defendant.
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On motion by defendant. Sustained. New trial granted. Action on the case to recover damages for injury to the plaintiff’s horse, pung and harness caused by the alleged negligence of the defendant. The plaintiff’s servant had driven the horse, hitched into a grocery pung, close beside the sidewalk of Washington Street in the city of Bath, about fifteen or eighteen feet from the defendant’s car track, and had left the horse standing there unhitched and unattended while he went to the door of a house for the purpose of taking orders for the plaintiff who was a grocer. While the horse was…
1Opinion of the CourtSavage, J.
Case to recover damages for injury to the plaintiff’s horse, pung and harness, which on February 1, 1905, was struck by one of the defendant’s cars. The verdict was for the plaintiff, and the case comes up on the defendant’s motion.
The plaintiff’s cause of action, as set out in his declaration, is in substance that the defendant negligently allowed its road bed to *188become “ cumbered with ice and snow, so as to interfere with the prompt and proper control of cars there being operated,” that upon the track thus cumbered a car was run by the defendant’s servants “at an improper and dangerously…
2Cases cited5 opinions
- Wasmer v. . Del., Lacka. and West'n R.R. Co.New York Court of Appeals · 1880
- Turner v. PageMassachusetts Supreme Judicial Court · 1904
- Park v. O'BrienSupreme Court of Connecticut · 1854
- Carroll v. Minnesota Valley RailroadSupreme Court of Minnesota · 1869
- Dexter v. McCreadySupreme Court of Connecticut · 1886
3Cited by2 opinions
- Maloney v. . KaplanNew York Court of Appeals · 1922
- Schulz v. DuelSupreme Court of Minnesota · 1915