Whitman v. City of Lewiston
Supreme Judicial Court of Maine
Motion by defendant. Sustained. Action on the case, under R. S., chap. 18, § 80, to recover for bodily injuries sustained by plaintiff by reason of the overturning of the one-horse open wagon in which plaintiff was traveling with her husband, who was driving. The wheels next to the northerly sidewalk curbing struck a pile of dirt extending into the traveled portion of Main Street in Lewiston. Both occupants of the wagon were thrown out.
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Motion by defendant. Sustained. Action on the case, under R. S., chap. 18, § 80, to recover for bodily injuries sustained by plaintiff by reason of the overturning of the one-horse open wagon in which plaintiff was traveling with her husband, who was driving. The wheels next to the northerly sidewalk curbing struck a pile of dirt extending into the traveled portion of Main Street in Lewiston. Both occupants of the wagon were thrown out. The accident occurred on a clear moonlight night, four days before the full of the moon, about ten minutes before nine o’clock. The horse was totally blind.…
1Opinion of the Court
Wiswell, C. J.,
While the plaintiff was being driven by her husband in an open wagon drawn by one horse along one of the public streets of Lewiston, the wheels upon one side of the carriage came in' contact with, and went onto, an obstruction in the street, so that the carriage was overturned, the plaintiff, as well as her husband, thrown out and she sustained some bodily injury. In the trial of the action to recover damages for the injuries sustained by reason of the alleged defective condition of the street, the plaintiff recovered a verdict. The case comes here upon the defendant’s motion…
2Cited by3 opinions
- Sharby v. Town of FletcherSupreme Court of Vermont · 1924
- Morneault v. Inhabitants of Town of HampdenSupreme Judicial Court of Maine · 1950
- Partridge v. Boston & M. R.Court of Appeals for the First Circuit · 1910