Moore v. Inhabitants of Abbot
Supreme Judicial Court of Maine
Case, for an injury sustained by the female plaintiff, through a defect in the highway of the defendant town. She was riding on the highway in a wagon. Evidence was introduced to the jury by the respective parties, as to the existence of the defect, the happening of the injury by means of it, and as to the care and prudence used by the plaintiffs. Some evidence tended to show the breaking of a ring in the harness, at, or just prior to the accident.
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Case, for an injury sustained by the female plaintiff, through a defect in the highway of the defendant town. She was riding on the highway in a wagon. Evidence was introduced to the jury by the respective parties, as to the existence of the defect, the happening of the injury by means of it, and as to the care and prudence used by the plaintiffs. Some evidence tended to show the breaking of a ring in the harness, at, or just prior to the accident. Among other legal positions, Shepley, C. J. presiding, instructed the jury, that they should be satisfied, before they could find a verdict for…
1Opinion of the CourtShepley, C. J.
The female plaintiff received a bodily injury while traveling on a highway, which the defendants were by law obliged to make safe and convenient. The statute c. 25, § 89, provides, if any person shall receive any bodily injury “ through any defect or want of repair” „of such way, he may recover “ the amount of damage sustained thereby.”
Persons may be injured while traveling on the highways without being blame-worthy and without the fault of those who are required to make the ways safe and convenient, or of others. In such cases the risk is their own. They must bear their own misfortunes. They…
2Cited by10 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Bruker v. Town of CovingtonIndiana Supreme Court · 1879
- Schaeffer v. Jackson TownshipSupreme Court of Pennsylvania · 1892
- Beirness v. City of Missouri ValleySupreme Court of Iowa · 1913
- Beebe v. Scott's Bluff CountyNebraska Supreme Court · 1912
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