Heeney v. Sprague
Supreme Court of Rhode Island
Motion in arrest of judgment. This action was trespass on the case against the defendant, brought in the Court of Common Pleas and appealed to this court. In this court the plaintiff recovered a verdict for $2,750, and the defendant moved in arrest of the judgment thereon.
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Motion in arrest of judgment. This action was trespass on the case against the defendant, brought in the Court of Common Pleas and appealed to this court. In this court the plaintiff recovered a verdict for $2,750, and the defendant moved in arrest of the judgment thereon. The declaration set forth the following provisions of the Ordinances of the City of Providence: — “ Section 5. The owner or owners, occupant or occupants, or any person having the care of any building, or lot of land, bordering on any street, square, or public place within the city, where there is a sidewalk supported by a…
1Opinion of the CourtDtjreee, C. J.
The plaintiffs base their right to maintain this action on the authority of cases which, they claim, hold that where a person is required by statute to do an act and neglects to do it, any person specially injured by the neglect is entitled to recover his damages in an action on the case, if no other remedy is given, and that, too, even when the statute imposes a penalty for its violation. Couch v. Steel, 3 El. & B. 402, 411; General Steam Navigation Co. v. Morrison, 13 C. B. N. S. 581, 594; Caswell v. Worth, 5 El. & B. 849; Atkinson v. New Castle & Gateshead Water Works Co. L. R. 6 Exch.…
2Cases cited5 opinions
- Flynn v. Canton Co.Court of Appeals of Maryland · 1874
- Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Bell v. QuinThe Superior Court of New York City · 1848
- Jones v. Firemen's Fund InsuranceNew York Court of Common Pleas · 1868
- Fenby v. PritchardThe Superior Court of New York City · 1848
3Cited by4 opinions
- McCrory Corp. v. FowlerCourt of Appeals of Maryland · 1990
- Commerce Oil Refining Corporation v. MinerDistrict Court, D. Rhode Island · 1959
- Tynes v. GogosDistrict of Columbia Court of Appeals · 1958
- Clements v. TashjoinSupreme Court of Rhode Island · 1961