Kennard v. Burton
Supreme Judicial Court of Maine
This was an action of the case, wherein the plaintiff claimed damages for the loss of service of his daughter Caroline, and for medical aid furnished, occasioned by an injury as was alleged, caused by the carelessness and improper conduct of the defendant, while traveling upon the highway in Gorham, on Nov. 7, 1843. It appeared that upon that day, the plaintiff’s daughter Caroline, eighteen years of age, and Mrs. Tukey were riding from Westbrook to Gorham together in a…
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This was an action of the case, wherein the plaintiff claimed damages for the loss of service of his daughter Caroline, and for medical aid furnished, occasioned by an injury as was alleged, caused by the carelessness and improper conduct of the defendant, while traveling upon the highway in Gorham, on Nov. 7, 1843. It appeared that upon that day, the plaintiff’s daughter Caroline, eighteen years of age, and Mrs. Tukey were riding from Westbrook to Gorham together in a wagon, and met the defendant, who was driving a team of two horses in a wagon loaded with barrels of potatoes, and was…
1Opinion of the Court
The opinion of the court was drawn up by
Shepley J.
This suit arises out of a collision of the wagons, in which the plaintiff’s daughter and the defendant *45Were traveling on the highway. The Statute, c. 26, prescribes certain duties to be performed by those, who thus travel; and provides by the sixth section, that “ any person injured by any of the offences or neglects aforesaid shall also be entitled to recover his damages in an action on the case to be commenced within one year after such injury.”
The counsel for the defendant contend, that the design of the statute was not to make those…
2Cases cited1 opinion
- Hartfield v. RoperNew York Supreme Court · 1839
3Cited by20 opinions
- Fulton v. Chouteau County Farmers' Co.Montana Supreme Court · 1934
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
- Tidd v. . SkinnerNew York Court of Appeals · 1919
- State v. CugliataSupreme Judicial Court of Maine · 1977
- Kometani v. HeathHawaii Supreme Court · 1967
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