Smyth v. City of Bangor
Supreme Judicial Court of Maine
ON EXCEPTIONS AND MOTION TO SET ASIDE THE VERDICT. to bave been caused by a defective way which tbe city was by law obliged to keep in repair. An action to recover for personal injuries received by Mrs. Smyth, by a fall, in tbe evening of December 9, 1878, alleged Writ dated February 7, 1879. Plea, general issue. Verdict, $3800. The facts material to the questions considered by the court are stated in the opinion.
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ON EXCEPTIONS AND MOTION TO SET ASIDE THE VERDICT. to bave been caused by a defective way which tbe city was by law obliged to keep in repair. An action to recover for personal injuries received by Mrs. Smyth, by a fall, in tbe evening of December 9, 1878, alleged Writ dated February 7, 1879. Plea, general issue. Verdict, $3800. The facts material to the questions considered by the court are stated in the opinion. Upon the questions discussed in the opinion : The plaintiffs never contended that anything less than actual notice of the defect was sufficient. Their position is that the walk had…
1Opinion of the CourtWalton, J.
This is an action to recover damages for an injury claimed to have been received through a defect in one of’ the sidewalks in the city of Bangor. The plaintiff (Mrs. Smyth) says that on the evening of the ninth of December, 1878, as she was walking upon the sidewalk in Court street, she slipped and fell, and was thereby injured. For this injury she has recovered a verdict against the city of thirty-eight hundred dollars. The question is whether, upon the evidence reported, the verdict can be sustained. We think it cannot. The eviden.ce fails to disclose any other defect than slipperiness.…
2Cases cited3 opinions
- Ryerson v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1869
- Billings v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Gilbert v. City of RoxburyMassachusetts Supreme Judicial Court · 1868
3Cited by10 opinions
- Carl v. City of New HavenSupreme Court of Connecticut · 1919
- Henkes v. City of MinneapolisSupreme Court of Minnesota · 1890
- Schigley v. City of WasecaSupreme Court of Minnesota · 1908
- Ormsby v. FrankelConnecticut Appellate Court · 1999
- Evans v. City of ConcordiaSupreme Court of Kansas · 1906
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