French v. Inhabitants of Brunswick
Supreme Judicial Court of Maine
Trespass on the case for an injury alleged to have been sustained by the plaintiff by means of a rope, extended across a public road in the town of Brunswick, in the evening.
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Trespass on the case for an injury alleged to have been sustained by the plaintiff by means of a rope, extended across a public road in the town of Brunswick, in the evening. The case was opened for trial, and many witnesses examined, from which it appeared that several inhabitants of that town had drawn some rafts of logs to the shore, and to prevent their being carried down the river, had fastened a rope to these rafts, and had extended it across the road, which was here near the river, a few feet above the ground, and fastened it to a. tree beyond the road, on the opposite side. In this…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
— Two questions are raised in this case for the consideration of the Court. The first is, was the plaintiff, at the time of the misfortune complained of, exercising due care and precaution ; — and, secondly, had the defendants such notice of the obstruction as to render them culpable, and responsible for the damage sustained by the plaintiff. These the parties have seen fit to refer to the decision of the Court, instead of the jury. The facts agreed upon, and reported by the Judge, as developed at the trial, are supposed to leave nothing…
2Cited by4 opinions
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- City of Salina v. TrosperSupreme Court of Kansas · 1882
- Norris v. LitchfieldSupreme Court of New Hampshire · 1857
- Haszczyn v. Detroit Creamery Co.Michigan Supreme Court · 1937