Littlefield v. Inhabitants of Biddeford
Supreme Judicial Court of Maine
Case to recover for injury sustained through a defect in the highway, tried before Whitman, C. J. The plaintiff had hired a horse for the day. It was so badly hurt by the accident, that it was necessary to kill it at once. The plaintiff afterwards paid its value to the owner. The legal question reserved was, whether the instruction to the jury was correct.
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Case to recover for injury sustained through a defect in the highway, tried before Whitman, C. J. The plaintiff had hired a horse for the day. It was so badly hurt by the accident, that it was necessary to kill it at once. The plaintiff afterwards paid its value to the owner. The legal question reserved was, whether the instruction to the jury was correct. The instruction was, “ that the defendants, if liable at all, were liable to general damages, and full value of said horse; that it was enough, that the plaintiff had hired the horse ; that that fact gave him the right to maintain an action…
1Opinion of the CourtShepley, C. J.
The question presented by the instructions is, whether one in possession of a hired horse, can recover damages for the loss of him, occasioned by defects in a highway.
The statute, c. 25, § 89, provides that any person, who “ shall suffer any damage in his property,” through any defect in a highway, may recover of the town liable to keep the highway in repair, the amount of such damage.
The hirer acquires a special property in the article hired, and is regarded as the owner of it, for the purpose of recovering damages of one, who has injured or destroyed it, while in his possession. Croft v.…
2Cases cited1 opinion
- Boynton v. TurnerMassachusetts Supreme Judicial Court · 1816
3Cited by1 opinion
- Gross v. Saratoga European Hotel & Restaurant Co.Appellate Court of Illinois · 1912