Stinson v. City of Gardiner
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, May, J., presiding. This was an action to recover damages for personal injuries received by the plaintiff, a minor, in consequence of an alleged want of a sufficient railing on the highway.
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On Exceptions from Nisi Prius, May, J., presiding. This was an action to recover damages for personal injuries received by the plaintiff, a minor, in consequence of an alleged want of a sufficient railing on the highway. The plaintiff’s evidence tended to prove that she was returning from school, in June, 1854, to her father’s house; that she passed on to a side-walk elevated some eleven feet above the ground, on the outside of the way; that she stopped and leaned against a post to which the railing had been nailed, or against the railing, and that the railing gave way, the same having been…
1Opinion of the CourtTenney, C. J.
The obligation of the defendants to keep in repair, the highway on which the injury to the plaintiff is alleged to have been received, the defective condition of the railing at the time of the injury, and reasonable notice thereof to the city of Gardiner, are admitted.
Evidence was introduced by the plaintiff, tending to prove, that she was returning from school to her father’s house; that she passed on to a side-walk, elevated some eleven feet above *253the ground, on the outside of the way; that she stopped and leaned against a post to which the railing had been nailed, or against the railing,…
2Cases cited2 opinions
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