Verrill v. Inhabitants of Minot
Supreme Judicial Court of Maine
Case, tried before Howard, J., for an injury sustained by the wife, through a defect in the highway. It was a cross-road. In it was a hill about fifteen rods long. Two-thirds way down the hill there was a defect, extending two or three rods along the road. Then, for a short distance, the road was good, till it reached another defect, viz., a small gully, made by the running of water, diagonally across the road, about fifteen feet before eoming to the foot of the hill.
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Case, tried before Howard, J., for an injury sustained by the wife, through a defect in the highway. It was a cross-road. In it was a hill about fifteen rods long. Two-thirds way down the hill there was a defect, extending two or three rods along the road. Then, for a short distance, the road was good, till it reached another defect, viz., a small gully, made by the running of water, diagonally across the road, about fifteen feet before eoming to the foot of the hill. Mrs. Terrill was riding down the hill alone, in a wagon. Just before reaching the first defect in the road, the horse started…
1Opinion of the Court
Wells, J., orally.
1. The evidence objected to was properly received. It exhibited the character of the road, and might have explained the action of the horse. It might have shown him to be an unsuitable one for use. The first of the defects might have incited the horse to more violence.
2. The requested instruction was, that if, without fault of the town, the horse was running violently, the town are not responsible. That was not a question of law. Horses have different habits and are of different spirit and temper. The question was one of fact for the jury. The instruction was properly…
2Cited by3 opinions
- Samsel v. Wheeler Transport Services, Inc.Supreme Court of Kansas · 1990
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1868
- Samsel v. Wheeler Transport Services, Inc.Supreme Court of Kansas · 1990