Willey v. City of Ellsworth
Supreme Judicial Court of Maine
On exceptions. Case for personal injury from an alleged defect in the highway. There was evidence tending to show that the injury was caused from an upsetting of plaintiff’s sleigh by hitting a snow heap while driving in the night time from State street into Main street, in the defendant city; that the two streets as anciently located formed a sharp angle around which the travel from the one street to the other would have to pass, in order to keep within the limits of such…
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On exceptions. Case for personal injury from an alleged defect in the highway. There was evidence tending to show that the injury was caused from an upsetting of plaintiff’s sleigh by hitting a snow heap while driving in the night time from State street into Main street, in the defendant city; that the two streets as anciently located formed a sharp angle around which the travel from the one street to the other would have to pass, in order to keep within the limits of such located ways; that for many years the travel had been over a portion of the triangle formed by the intersection of such…
1Opinion of the Court
Appleton, C. J7
By R. S., c. 18, § 40, “highways, townways, and streets, legally established, are to be opened and kept in repair, so that they are safe and convenient for travellers with horses, teams and carriages.” The obligation is imposed upon towns to keep in repair ways “legally established” and none other.
Ways may be established by proof of public user or by a laying out by the constituted authorities. The limits of the way are determined by user or by location. However a way is shown to exist, it is one with limits defined by user or location.
Where repairs have been made upon a way or…
2Cases cited2 opinions
- Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868
- Murphy v. Inhabitants of GloucesterMassachusetts Supreme Judicial Court · 1870
3Cited by5 opinions
- Drew v. Town of SuttonSupreme Court of Vermont · 1882
- Neel v. King CountyWashington Supreme Court · 1909
- MacKenna v. Inhabitants of Town of SearsmontSupreme Judicial Court of Maine · 1976
- Whalen v. Town of LivermoreSupreme Judicial Court of Maine · 1991
- Knowlton v. PittsfieldSupreme Court of New Hampshire · 1883