Cobb v. Inhabitants of Standish
Supreme Judicial Court of Maine
This was an action for an injury sustained by the plaintiff in the loss of a horse through a defect in a highway within the town of Standish, which the defendants were bound to keep in repair. A question of law was. reserved for the opinion of the whole Court, and a motion for a new trial was made, because the verdict was against evidence, and the whole testimony was reported in Ml, from which such facts are gathered, as will present the question of law.
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This was an action for an injury sustained by the plaintiff in the loss of a horse through a defect in a highway within the town of Standish, which the defendants were bound to keep in repair. A question of law was. reserved for the opinion of the whole Court, and a motion for a new trial was made, because the verdict was against evidence, and the whole testimony was reported in Ml, from which such facts are gathered, as will present the question of law. The plaintiff’s wife with a Mrs. Drake were passing from Westbrook through Standish, with the horse in a wagon, and when opposite the place…
1Opinion of the Court
At a subsequent day, in tbe same term, the opinion of the Court was drawn up and delivered by
Weston C. J.
There is no doubt but a woman may be permitted to drive a well broken horse, without any violation of common prudence. The character of the horse, and the capacity of the driver,,were left- to the jury, with proper directions upon this point.
The travelled part of the road was of sufficient width, and well made, for ordinary accommodation. But a portion of the space, in which the public have an easement, was unsafe ; and the danger being concealed, was calculated to deceive and entrap a…
2Cited by3 opinions
- Rice v. Town of MontpelierSupreme Court of Vermont · 1847
- Smith v. County CourtWest Virginia Supreme Court · 1890
- Detwiler v. City of LansingMichigan Supreme Court · 1893