Legal Opinion

Carleton v. Rockland, Thomaston & Camden Street Railway

Supreme Judicial Court of Maine

Decided April 7, 1913PublishedCited by 2 opinions

On report. This is an action of tort, to recover damages for personal injuries sustained by the plaintiff on October 1, 1911, upon alighting from one of the defendant’s cars, upon a platform and attempting to walk up a flight of three steps connecting the car track with the sidewalk in front of the Baptist church on Commercial Street in Rockport. The ownership of the steps was contested.

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On report. This is an action of tort, to recover damages for personal injuries sustained by the plaintiff on October 1, 1911, upon alighting from one of the defendant’s cars, upon a platform and attempting to walk up a flight of three steps connecting the car track with the sidewalk in front of the Baptist church on Commercial Street in Rockport. The ownership of the steps was contested. The church, t'he town of Rockport and the railroad all deny responsibility for their maintenance. Plea; general issue. At the conclusion of the evidence, the case was reported to the Law Court for…

1Opinion of the CourtCornish, J.

This is an action of tort to recover damages for personal injuries sustained by the plaintiff, on October i, 1911, upon alighting from one of the defendant’s cars upon a platform and attempting to walk up a flight of three steps, connecting the car track with the sidewalk in front of the Baptist Church on 'Commercial Street in Rockport.

The general situation was this: In front of the church, the street' car line runs along the side of the street nearest the church and upon a level considerably below that of the sidewalk. The bank slopes down to the street and between the foot of this 'bank and…

2Cases cited13 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. LucasIndiana Supreme Court · 1889
  2. Readman v. ConwayMassachusetts Supreme Judicial Court · 1879
  3. Skottowe v. Oregon Short Line, Ry. Co.Oregon Supreme Court · 1892
  4. Poor v. SearsMassachusetts Supreme Judicial Court · 1891
  5. Cotant v. Boone Suburban Railway Co.Supreme Court of Iowa · 1904

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3Cited by2 opinions

  1. Otts v. BroughIdaho Supreme Court · 1965
  2. Meyer v. St. Louis Public Service Co.Missouri Court of Appeals · 1952

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