Legal Opinion

McCarthy v. Inhabitants of Leeds

Supreme Judicial Court of Maine

Decided July 16, 1917PublishedCited by 10 opinions

Actions brought under R. S., 1903, Chap. 23, Sec. 76, (R. S., 1916, Chap. 24, Sec. 92) to recover damages of defendant town on account of death of plaintiff’s intestate through an alleged defect in a bridge of the defendant town. The cases were both reported to the Law Court upon certain agreed statements and stipulations, based in part upon the evidence in case of McCarthy v. Inhabitants of the Town of Leeds, reported in 115 Maine, 134. Judgment in accordance with opinion.

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Actions brought under R. S., 1903, Chap. 23, Sec. 76, (R. S., 1916, Chap. 24, Sec. 92) to recover damages of defendant town on account of death of plaintiff’s intestate through an alleged defect in a bridge of the defendant town. The cases were both reported to the Law Court upon certain agreed statements and stipulations, based in part upon the evidence in case of McCarthy v. Inhabitants of the Town of Leeds, reported in 115 Maine, 134. Judgment in accordance with opinion. Case stated in opinion.

1Opinion of the CourtCornish, J.

These two actions were brought against the defendant town under R. S., (1903) Chap. 23, Sec. 76, to recover damages *277for the loss' of life of two children aged seven and nine respectively, alleged to have been caused by the failure of the defendant to keep a certain bridge over Dead River in said town in proper and reasonable repair.

On the day of the accident, July 22, 1913, one John H. McCarthy was riding in his automobile and was sitting on the front seat beside the chauffeur. On the rear seat were the two little girls, his grandnieces. When the automobile reached the bridge, one of the…

2Cases cited7 opinions

  1. Commonwealth v. KingsburyMassachusetts Supreme Judicial Court · 1908
  2. Dean v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
  3. Feeley v. City of MelroseMassachusetts Supreme Judicial Court · 1910
  4. Davis v. City of SomervilleMassachusetts Supreme Judicial Court · 1880
  5. Johnson v. Town of IrasburghSupreme Court of Vermont · 1874

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3Cited by10 opinions

  1. Vidal v. ErrolSupreme Court of New Hampshire · 1932
  2. Davis v. SimpsonSupreme Judicial Court of Maine · 1941
  3. Hanley v. Town of PoultneySupreme Court of Vermont · 1927
  4. Verreault v. City of LewistonSupreme Judicial Court of Maine · 1954
  5. Begin v. BernardSupreme Judicial Court of Maine · 1964

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