Abbott v. City of Rockland
Supreme Judicial Court of Maine
On exceptions by plaintiff. Overruled. Special action on the case to recover damages for personal injuries sustained by reason of an alleged defect in the sidewalk on Lovejoy Street in the defendant city. Plea, the general issue. Tried at the January term, 1908, Supremé Judicial Court, Knox County.
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On exceptions by plaintiff. Overruled. Special action on the case to recover damages for personal injuries sustained by reason of an alleged defect in the sidewalk on Lovejoy Street in the defendant city. Plea, the general issue. Tried at the January term, 1908, Supremé Judicial Court, Knox County. At the conclusion of the plaintiff’s evidence and on motion of the defendant city, the presiding Justice ordered a nonsuit on the ground that the plaintiff had failed to introduce sufficient evidence to entitle her to go to the jury on the question as to whether the proper officials of the…
1Opinion of the CourtCornish, J.
Section 76 of chapter 23 of the Revised Statutes imposes as a condition precedent to the right of a traveler to recover for injuries received upon a highway, proof on his part that "the municipal officers or road commissioners of such town or any person authorized by ... any municipal office, or road commissioner of such town, to act as a substitute for either of them, had twenty four hours’ actual notice of the defect or want of repair.” Prior to the passage of chapter 206 of the Public Laws of 1877 all that was required was reasonable notice to the town, which was held to be such notice as…
2Cases cited2 opinions
- Twogood v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
- City of Joliet v. LooneyIllinois Supreme Court · 1896
3Cited by2 opinions
- Benson v. Inhabitants of NewfieldSupreme Judicial Court of Maine · 1938
- Greiner v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1930