Higgins v. Franklin County Agricultural Society
Supreme Judicial Court of Maine
On motion for new trial by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff and also to recover for damages to his wagon, caused by the alleged negligence of the defendant. The defendant, on the 17th day of September, 1903, was holding a fair on its grounds at Farmington, and had under its care and control a half mile race track or a race course for speeding and racing horses.
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On motion for new trial by defendant. Action on the case to recover damages for personal injuries sustained by the plaintiff and also to recover for damages to his wagon, caused by the alleged negligence of the defendant. The defendant, on the 17th day of September, 1903, was holding a fair on its grounds at Farmington, and had under its care and control a half mile race track or a race course for speeding and racing horses. At a time when a race was not in progress, the plaintiff undertook to drive across the track with his horse and wagon, and while so doing his wagon was struck and himself…
1Opinion of the CourtEmery, J.
The defendant society was holding a fair on its grounds arranged for that purpose. On these grounds was the usual half mile track for the exercising, speeding and racing of horses.
Outside of this track was space used for various purposes. An admission fee was charged and paid at the outer entrance, and visitors having thus entered the grounds were permitted to cross the track, when not in use for horses, to the space within the track. The passage way to and across the track was barred by a rope while the track was in use, which rope was lowered to the ground by a servant of the company…
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