Haines v. City of Lewiston
Supreme Judicial Court of Maine
On exceptions. This was an action brought against the city of Lewiston to recover damages sustained by reason of an alleged defective condition of one of its ways. The alleged defect is "that at a point in said highway and on a curve in said way, it. was not made and kept of sufficient width to allow teams meeting each other to pass with safety.”
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On exceptions. This was an action brought against the city of Lewiston to recover damages sustained by reason of an alleged defective condition of one of its ways. The alleged defect is "that at a point in said highway and on a curve in said way, it. was not made and kept of sufficient width to allow teams meeting each other to pass with safety.” And "that large quantities of snow having previously fallen in said way at divers times during the winter, then just passing, the way had not been sufficiently and reasonably broken out, nor broken out of sufficient width to-allow7 teams to pass and…
1Opinion of the CourtVirgin, J.
Action on the case to recover damages for a personal injury caused by the plaintiff’s being thrown from his load of hay while attempting to pass another team, by reason of the alleged narrowness of the way.
No action lies at common law for an injury caused by a defective way. Our first legislature provided a statutory remedy giving " double damages ” to one thus injured in his person or property, "in case the town had reasonable notice of the defect.” St. 1821, c. 118, § 17. Soon afterward the quantum of damages was limited to "single damages only.” St. 1825, c. 300, § 3. For well understood…
2Cases cited1 opinion
- Cohens v. VirginiaSupreme Court of the United States · 1821
3Cited by1 opinion
- Brewer v. Inhabitants of CumberlandSupreme Judicial Court of Maine · 1973