Bradbury v. Inhabitants of Falmouth
Supreme Judicial Court of Maine
Exceptions from the District Court for the Western District, Whitman J. presiding. This was an action on the case, brought to recover damages for an injury done to the plaintiff's horse by defects in a road within that town. The plaintiff proved, that his horse sustained an injury, when passing over a public highway, June 24, 1887, within the town of Falmouth, leading from Portland into the country, and much travelled.
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Exceptions from the District Court for the Western District, Whitman J. presiding. This was an action on the case, brought to recover damages for an injury done to the plaintiff's horse by defects in a road within that town. The plaintiff proved, that his horse sustained an injury, when passing over a public highway, June 24, 1887, within the town of Falmouth, leading from Portland into the country, and much travelled. To prove a defect in the highway, and constructive notice to the town, the plaintiff produced, as a witness, J. Buxton, who testified, that in passing the road on the evening…
1Opinion of the Court
The opinion of the Court was drawn up by
Weston C. J.
In certain cases, principally of a commercial character, what is, or is not, reasonable notice, has been held to be a question of law. This has been so established, from the convenience and necessity, in such cases, of a general rule. It may admit of serious doubt, whether notice to a town, of a defect in the highway, is not, in every case, a question of fact to a jury. But *66here no actual notice, to any inhabitant of the town, was proved. It could be established only by implication, or inference, from other facts. In such a case, whatever…
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