Davis v. Waterville, Fairfield & Oakland Railway
Supreme Judicial Court of Maine
Action on the case to recover damages on account of injuries received by plaintiff through alleged negligence of defendant. Plea of general issue filed. Verdict for plaintiff in the sum of $3975.50. Motion for new trial filed by defendant. Case stated in opinion.
1Opinion of the CourtMadigan, J.
As plaintiff was alighting from defendant’s car she slipped on an icy step breaking two ribs and injuring her back. The jury returned a verdict in her favor which the defendant on the usual motion asks the court to set aside.
The accident happened on March 22, about 9.35 in the evening in Waterville. A damp snow storm commenced about five in the afternoon and had practically stopped when the plaintiff boarded the car. The conductor testified that before starting the trip at Fairfield at 9.15 he removed with iron scraper and broom all snow and ice from the car steps. The defense contends that…
2Cases cited4 opinions
- Palmer v. . Pennsylvania Co.New York Court of Appeals · 1888
- Gilman v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1897
- Foster v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Murphy v. North Jersey Street Railway Co.Supreme Court of New Jersey · 1911
3Cited by3 opinions
- Alexander v. MitchellSupreme Judicial Court of Maine · 2007
- Bray v. D. C. Transit System, Inc.District of Columbia Court of Appeals · 1962
- Haines v. Cumberland County Power & Light Co.Supreme Judicial Court of Maine · 1938