Conway v. Lewiston & Auburn Horse Railroad
Supreme Judicial Court of Maine
On Motion by Defendant. The case appears in the opinion. Degree of care: Counsel cited, in addition to the cases on their brief to be found in 87 Maine, 283, Edwards v. Lord, 49 Maine, 279; Knight v. Portland, etc., JR. li. Co., 56 Maine, 234. Proximate cause: Willey v. Belfast, 61 Maine, 569. The conductor chose his own place to stop.
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On Motion by Defendant. The case appears in the opinion. Degree of care: Counsel cited, in addition to the cases on their brief to be found in 87 Maine, 283, Edwards v. Lord, 49 Maine, 279; Knight v. Portland, etc., JR. li. Co., 56 Maine, 234. Proximate cause: Willey v. Belfast, 61 Maine, 569. The conductor chose his own place to stop. If, under the existing circumstances, the locality, condition of the street and darkness, it was dangerous, it was his duty to take suitable precautions to guard passengers from the danger. Or, laying aside any claim to disputed territory in this case, we…
1Opinion of the CourtWhite ho use, J.
On the evening of August. 21, 1892, the plaintiff was a passenger on one of the defendant’s open cars, going up College Street in Lewiston, and in alighting from the car near the corner of College and Skinner streets, she accidentally stepped on a rolling stone lying in the street between the car and the sidewalk and received a sprain or fracture of the ankle.
At the former trial of this case the jury returned a verdict for the plaintiff for $347.17. At that time the precise nature and extent of the injury or the question of complete and permanent recovery had not been determined. But at the…
2Cited by10 opinions
- People v. SchwarzCalifornia Court of Appeal · 1926
- McGovern v. Inter Urban Railway Co.Supreme Court of Iowa · 1907
- Low v. Harrisburg Railways Co.Supreme Court of Pennsylvania · 1927
- Spangler v. Saginaw Valley Traction Co.Michigan Supreme Court · 1908
- Muskogee Electric Traction Co. v. LattySupreme Court of Oklahoma · 1920
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