Abbott v. Jackson
Supreme Judicial Court of Maine
On motion and exceptions. This was an action on the case to recover damages for personal injury to the plaintiff caused by a loose plank in a crossing in the pi’ivate railroad track on the west side of Brown’s wharf in Portland; which crossing the plaintiff alleged the defendants negligently allowed to get out of repair, so that while driving over the same, the plaintiff was thrown from his jigger and his leg was broken.
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On motion and exceptions. This was an action on the case to recover damages for personal injury to the plaintiff caused by a loose plank in a crossing in the pi’ivate railroad track on the west side of Brown’s wharf in Portland; which crossing the plaintiff alleged the defendants negligently allowed to get out of repair, so that while driving over the same, the plaintiff was thrown from his jigger and his leg was broken. The action was tried before a jury in the Superior Court, for Cumberland County, and a verdict of two thousand dollars was rendered for plaintiff. The case came to this court…
1Opinion of the CourtWalton, J.
The plaintiff has obtained a verdict for two thousand dollars against the trustees of the estate of the late John B. Brown, for injuries claimed to have been received through their negligence. The case is before the law court on motion and exceptions.
We think the exceptions must be sustained. The negligence complained of was the omission to keep in repair a railroad crossing on Brown’s wharf in Portland. 'The crossing led into a lumber shed owned by one Mark P. Emery, and the crossing was built for and used exclusively as a means of entrance to the shed. It was admitted that the shed stood on…
2Cases cited3 opinions
- Herman v. . RobertsNew York Court of Appeals · 1890
- Purcell v. EnglishIndiana Supreme Court · 1882
- Mellen v. MorrillMassachusetts Supreme Judicial Court · 1879
3Cited by3 opinions
- King v. Cooney-Eckstein Co.Supreme Court of Florida · 1913
- Baum v. FreemanDistrict Court of Appeal of Florida · 1958
- Smith v. PaineSupreme Judicial Court of Maine · 1934