Merrill v. Portland
U.S. Circuit Court for the District of Maine
Trespass on the case [by Mary W. Merrill] to recover damages for personal injury', alleged to have been received by reason of a defective highway, in Portland. The alleged defect was an awning projecting from the front of a store, over the sidewalk. This awning was struck by a team, with a high rack projecting over the wheels, and a board was thereby knocked off the awning, which, falling on the plaintiff, passing under the awning, caused the injury. Verdict for plaintiff.
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Trespass on the case [by Mary W. Merrill] to recover damages for personal injury', alleged to have been received by reason of a defective highway, in Portland. The alleged defect was an awning projecting from the front of a store, over the sidewalk. This awning was struck by a team, with a high rack projecting over the wheels, and a board was thereby knocked off the awning, which, falling on the plaintiff, passing under the awning, caused the injury. Verdict for plaintiff. Motion for new trial.
1Opinion of the Court
CLIFFORD, Circuit Justice.
Travellers have a right to travel by night, as well as by day, and towns are required by law, in this state, to keep their highways, townways, and streets in such repair that they shall be safe and convenient for that purpose. Compensation for any bodily injury received by a traveller, through any defect or want of repair in any highway, townway, or street, may be recovered of the town, bound by law to keep the same in repair; provided it appears that the town had reasonable notice of the defect or want of repair, and that the plaintiff was, at the time, in the…
2Cases cited4 opinions
- Moore v. Inhabitants of AbbotSupreme Judicial Court of Maine · 1850
- Anderson v. City of BathSupreme Judicial Court of Maine · 1856
- Coombs v. Inhabitants of TopshamSupreme Judicial Court of Maine · 1854
- Frost v. Inhabitants of PortlandSupreme Judicial Court of Maine · 1834
3Cited by1 opinion
- Lookout Mountain R. Co. v. HoustonU.S. Circuit Court for the District of Eastern Tennessee · 1890