Perkins v. Fayette
Supreme Judicial Court of Maine
On exceptions. Case for personal injuries from defective highway, received May 27, 1873. ■Writ dated January 9, 1875. The alleged obstruction was a large stone, which the plaintiff claimed, and there was evidence tending to show, had been blasted and was lying within the located limits of the road and outside the wrought part.
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On exceptions. Case for personal injuries from defective highway, received May 27, 1873. ■Writ dated January 9, 1875. The alleged obstruction was a large stone, which the plaintiff claimed, and there was evidence tending to show, had been blasted and was lying within the located limits of the road and outside the wrought part. The side of the stone next the wrought part was on a line with the outside of the ditch and about two feet from the wrought part, which at this point was in good condition. The defendants claimed, and introduced evidence tending to show, that the rock was naturally…
1Opinion of the CourtPeters, J.
A question arose at the trial as to what extent towns were responsible for injuries to travelers, occasioned by their teams coming in collision with obstructions on the side of the road beyond the traveled way. The judge instructed the jury that towns were not required to render the road passable for the entire width of the whole located limits, and that the duty of the town was accomplished by making a sufficient width of the road in a smooth condition so that it would be safe and convenient for travelers. He also directed the jury that the town had the right, *154in making or repairing a road,…
2Cited by11 opinions
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- Herndon v. Salt Lake CityUtah Supreme Court · 1908
- Ouverson v. City of GraftonNorth Dakota Supreme Court · 1895
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