Dickey v. Maine Telegraph Co.
Supreme Judicial Court of Maine
On Ekceptions and Motion for New Trial. This was an action to recover damages for an alleged injury to the person of the plaintiff. The main facts are as follows: — The stage, running between Belfast and Northport, in which the plaintiff was at the time of the accident a passenger, on arriving at the latter town, turned off from the usual traveled part of the highway towards the post office, to exchange letter bags.
Read the full summary
On Ekceptions and Motion for New Trial. This was an action to recover damages for an alleged injury to the person of the plaintiff. The main facts are as follows: — The stage, running between Belfast and Northport, in which the plaintiff was at the time of the accident a passenger, on arriving at the latter town, turned off from the usual traveled part of the highway towards the post office, to exchange letter bags. A telegraphic wire of the defendant corporation, hanging too low, caught the upper part of the stage, and was the cause of its being upset, whereby the plaintiff was damaged. The…
1Opinion of the Court
*485The opinion of the Court was drawn up by
Kent, J.
The application of a few well established principles, to the facts in this case, will aid in testing the correctness of the rulings to which exceptions are taken.
When a highway is laid out and opened, all persons have a right to pass upon it. By the legal laying out, and after all the requirements of the statute have been complied with, the public acquires an easement, as against the owners of the land, which extends to every portion of the road; and any person has a right to pass or re-pass, at his own risk, over any part, after it is opened,…
2Cited by21 opinions
- City of Emporia v. HumphreySupreme Court of Kansas · 1931
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Price v. TravisSupreme Court of Virginia · 1927
- Appalachian Power Co. v. WilsonSupreme Court of Virginia · 1925
- Williams v. San Francisco & Northwestern Railway Co.California Court of Appeal · 1907
16 more not listed; retrieve them via the Exa API.