Kidson v. City of Bangor
Supreme Judicial Court of Maine
Motion and exceptions by defendant. Case to recover damages for alleged violation by defendant of the duty imposed on cities and towns by lí. S., e. 21, § 18, to maintain and keep public drains and sewers in repair. The plaintiff had entered a private drain from his premises at the corner of Wing Street and West Broadway, in the City of Bangor, into what he claimed to be a public drain or common sewer.
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Motion and exceptions by defendant. Case to recover damages for alleged violation by defendant of the duty imposed on cities and towns by lí. S., e. 21, § 18, to maintain and keep public drains and sewers in repair. The plaintiff had entered a private drain from his premises at the corner of Wing Street and West Broadway, in the City of Bangor, into what he claimed to be a public drain or common sewer. It appeared in evidence that the plaintiff paid to the City of Bangor, March 25, 1896, “for assessment for sewerage” on the premises alleged „to have been damaged, $31.55. It was also in…
1Opinion of the CourtPeabody, J.
The plaintiff commenced an action on the case against the City of Bangor to recover damages alleged to have resulted from the overflowing of a public drain or sewer in his premises. The wrong complained of was, following the language of R. S. 1903, chap. 21, § 18, the failure of the defendant to “constantly maintain said drain and keep it in repair so as to afford sufficient and suitable flow for all drainage entitled to pass through it.” The statute provides that “if such town does not so maintain and keep it in repair, any person entitled to drainage through it may have an action against…
2Cases cited3 opinions
- Morrison v. City of LawrenceMassachusetts Supreme Judicial Court · 1867
- City of Delphi v. EvansIndiana Supreme Court · 1871
- Town of Cabot v. BrittSupreme Court of Vermont · 1863
3Cited by4 opinions
- Boston Ice Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Depositors Trust Co. v. BruneauSupreme Judicial Court of Maine · 1949
- Austin v. Inhabitants of St. AlbansSupreme Judicial Court of Maine · 1949
- Slemp v. City of North MiamiDistrict Court of Appeal of Florida · 1987