Rogers v. Inhabitants of Shirley
Supreme Judicial Court of Maine
ON EXCEPTIONS. The following are the exceptions : Action for an injury to horse, alleged to have been caused by a defective road. Writ dated August 5, 1879. One written copy to be made for the use of the court.
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ON EXCEPTIONS. The following are the exceptions : Action for an injury to horse, alleged to have been caused by a defective road. Writ dated August 5, 1879. One written copy to be made for the use of the court. The accident which occasioned the injury happened on November 30, 1878. The road through " Shirley woods,” so-called, was about a mile and a half long, and the whole distance was much in the same condition, having been deeply rutted by heavy teaming, thawing and freezing, and there were difficult places and spots in the road similar to the one where the accident happened. The verdict…
1Opinion of the CourtBarrows, J.
November 30, 1878, the plaintiff’s horse broke his leg by getting it caught in a hole or rut, "in Shirley woods, so-called,” "on the highway loading from Shirley corner to Green-ville,” and he brings this action against the town to recover' damages therefor. The verdict was in his favor,.and the case comes before us upon exceptions to the rulings of the presiding-judge upon the questions of notice before and after the accident. The case arises under c. 206, laws of 1877, which gives the plaintiff a remedy if, before the accident occured, the municipal officers, highway surveyors or road…
2Cases cited1 opinion
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