Libby v. City of Portland
Supreme Judicial Court of Maine
On exceptions by defendant. Overruled. Action on the case to recover damages for personal injuries alleged to have been sustained by reason of the alleged defective condition of the basement step of a building belonging to the defendant city. The writ contained two counts, and on the first day of the return term the defendant filed a general demurrer to each count. The demurrers were overruled and the defendant excepted. The case is stated in the opinion.
1Opinion of the CourtCornish, J.
Action on the case for personal injuries alleged to have been sustained by the plaintiff by reason of the defective condition of the basement step of a building belonging to the defendant. The writ contains two counts. A general demurrer was filed to each count. The presiding Justice overruled both demurrers and the defendant alleged exceptions. If either count sets forth a cause of action, the exceptions must be overruled.
The first count alleges in substance that the defendant was the lawful owner and in the lawful possession, control and management of a certain farm with the buildings…
2Cases cited13 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Todd v. Dowd's heirsCourt of Appeals of Kentucky · 1858
- Haley v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Worden v. City of New BedfordMassachusetts Supreme Judicial Court · 1881
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Chafor v. City of Long BeachCalifornia Supreme Court · 1917
- Young v. Greater Portland Transit DistrictSupreme Judicial Court of Maine · 1987
- Foss v. City of LansingMichigan Supreme Court · 1927
- Blier v. Inhabitants of Town of Fort KentSupreme Judicial Court of Maine · 1971
- Burkett v. YoungsSupreme Judicial Court of Maine · 1938
8 more not listed; retrieve them via the Exa API.