Frost v. Inhabitants of Portland
Supreme Judicial Court of Maine
This was an action on the statute respecting highways, ch. 11S, brought to recover damages for an injury sustained by the plaintiff by reason of an obstruction in a public street in -the city of Portland. It appeared in evidence that a quantity of bricks had been placed in Congress street, opposite the Court-House and outside the curb stones of the side-walk, for the purpose of making and completing the side-walk within the curb stones.
Read the full summary
This was an action on the statute respecting highways, ch. 11S, brought to recover damages for an injury sustained by the plaintiff by reason of an obstruction in a public street in -the city of Portland. It appeared in evidence that a quantity of bricks had been placed in Congress street, opposite the Court-House and outside the curb stones of the side-walk, for the purpose of making and completing the side-walk within the curb stones. The counsel for the defendants contended, that for an injury arising from obstructions of this kind the defendants were not liable. But Weston J. overruled…
1Opinion of the Court
Weston J.
delivered the opinion of the Court.
From the evidence, which satisfied the jury, the injury complained of was occasioned by a deposit of bricks in the street, intended to be used in making and completing a side-walk. The effect of the permission, therefore, given by the selectmen of Portland, under a by-law of the town, to the contractor employed in building an addition to the court-house, near where the accident happened, to use a third part of the street, it is unnecessary in this cause to settle. Had the injury arisen from deposits placed there by the contractor, it would have been…
2Cited by2 opinions
- Hardy v. KeeneSupreme Court of New Hampshire · 1872
- Merrill v. PortlandU.S. Circuit Court for the District of Maine · 1870