Tuell v. Inhabitants of Marion
Supreme Judicial Court of Maine
On exceptions by defendant. This is an action on the case to recover damages alleged to have been sustained by the plaintiff )by reason of the defendants’ negligence in carelessly constructing and maintaining two bridges' across Cathance Stream in the town of Marion, and by negligently omitting to provide the abutments to said bridges with suitable wings, and that by reason thereof said stream was unreasonably obstructed.
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On exceptions by defendant. This is an action on the case to recover damages alleged to have been sustained by the plaintiff )by reason of the defendants’ negligence in carelessly constructing and maintaining two bridges' across Cathance Stream in the town of Marion, and by negligently omitting to provide the abutments to said bridges with suitable wings, and that by reason thereof said stream was unreasonably obstructed. The defendant filed a general demurrer to the declaration, which was overruled by the Justice presiding. To this ruling, the defendant excepted. The case is stated in the…
1Opinion of the CourtHaley, J.
This is an action on the case to recover damages alleged to have been sustained 'by the plaintiff by reason of the defendants’ negligence in carelessly constructing and maintaining two bridges, with the abutments thereto, across Cathance Stream in the town of Marion, and by permitting them to fall into- a condition of dilapidation, and by negligently omitting to provide said abutments with proper and suitable wings, and that thereby the navigation of said stream was unreasonably obstructed.
Cathance Stream is alleged to be a non-tidable, floatable stream, a public highway through the town of…
2Cases cited3 opinions
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Deane v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1882
- Lewis v. QuinkerCourt of Appeals of Kentucky · 1859
3Cited by13 opinions
- Toy v. Atlantic Gulf & Pacific Co.Court of Appeals of Maryland · 1939
- Foss v. Maine Turnpike AuthoritySupreme Judicial Court of Maine · 1973
- Charlton v. Town of OxfordSupreme Judicial Court of Maine · 2001
- Nelson v. Maine Turnpike AuthoritySupreme Judicial Court of Maine · 1961
- Palmer v. Inhabitants of SumnerSupreme Judicial Court of Maine · 1935
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