Legal Opinion

Brown v. European & North American Railway Co.

Supreme Judicial Court of Maine

Decided July 1, 1870PublishedCited by 15 opinions

On REPORT. Case for an injury received June, 1868, by jumping upon the defendants’ draw while the same was being closed.

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On REPORT. Case for an injury received June, 1868, by jumping upon the defendants’ draw while the same was being closed. It was admitted that the defendants had legally located their railroad across the Kenduskeag stream, in Bangor, in this county; that the bridge was constructed in accordance with Special Laws of 1864, c. 321, § 7, and that the sidewalk, over and upon which the plaintiff was passing, erected by the defendants on the side of its railway bridge, “ within the limits of the land taken by said company for its railway,” was properly constructed and maintained in accordance with…

1Opinion of the CourtAppleton, C. J.

It is admitted that the defendant corporation had legally located its railroad across the Kenduskeag stream, and that the bridge over which the plaintiff was passing was constructed over said stream in accordance with the requirements of the statutes of this State.

To entitle the plaintiff to recover, he must show that the injury was occasioned by the omissions of duty, or the commission of wrongful acts on the part of the defendant, and not through his own neglect and want of ordinary and common care. The negligence of the defendant is the gist of the action, but the absence of negligence…

2Cases cited1 opinion

  1. Steves v. . Oswego and Syracuse Railroad Company.New York Court of Appeals · 1858

3Cited by15 opinions

  1. Meyer v. HouckSupreme Court of Iowa · 1892
  2. Twist v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1888
  3. Wymore v. Mahaska CountySupreme Court of Iowa · 1889
  4. Cahill v. E. B. & A. L. Stone & Co.California Supreme Court · 1908
  5. Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882

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