Mason v. Inhabitants of Ellsworth
Supreme Judicial Court of Maine
Case, tried before Wells, J., for damage through a defect in the highway. It consisted in a sudden or abrupt deepening of the cart-rut, which was, at the time of the accident, covered by water. One Dunham and one Hinkley, inhabitants of Ellsworth, testified that they had known of the defect a week before the accident. The defendants proved that the cash tax of Ellsworth, for that year, was over $5000; that Dunham was taxed but $2,60, and Hinkley was not taxed.
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Case, tried before Wells, J., for damage through a defect in the highway. It consisted in a sudden or abrupt deepening of the cart-rut, which was, at the time of the accident, covered by water. One Dunham and one Hinkley, inhabitants of Ellsworth, testified that they had known of the defect a week before the accident. The defendants proved that the cash tax of Ellsworth, for that year, was over $5000; that Dunham was taxed but $2,60, and Hinkley was not taxed. The jury were instructed that, if the witnesses were believed, notice to the defendants was sufficiently proved; and that among the…
1Opinion of the Court
Howard, J.,
orally.—Dunham and Hinkley were inhabitants of Ellsworth. Dunham testified that he knew of the defect about a week before the accident, and that he drove over the place with an ox-cart every day.
Hinkley testified, that he was in the habit of passing there with a loaded team, saw the defect a week before the accident, was afraid to let his horses go into the hole, lest they should “ get stuck.” He found the mud in the hole to be 15 inches deep. Dunham was assessed $2,60 out of more than $5000, tax. Hinkley was not assessed. The Judge ruled that, if the jury believed the testimony of…
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