Legal Opinion

Mason v. Inhabitants of Ellsworth

Supreme Judicial Court of Maine

Decided July 1, 1850PublishedCited by 5 opinions

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.

Read the full summary

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…

2Cited by5 opinions

  1. City of Salina v. TrosperSupreme Court of Kansas · 1882
  2. Mayor of Birmingham v. LewisSupreme Court of Alabama · 1890
  3. Giblin v. McIntyreUtah Supreme Court · 1880
  4. Cropper v. City of MexicoMissouri Court of Appeals · 1895
  5. Jordan v. PeckhamSupreme Court of Rhode Island · 1895

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API