Barnes v. Inhabitants of Rumford
Supreme Judicial Court of Maine
On motion and exceptions by defendant. This was an,action on tlie case, under § 80, chap. 18, R. S., to recover for bodily injuries claimed to have been received by the plaintiff through an alleged defect in the highway in the defendant town; the defect claimed was the want of a railing at the point where plaintiff sustained her injuries; the defendant town defended mainly on the ground that the town through its proper officers did not have the twenty-four hours actual…
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On motion and exceptions by defendant. This was an,action on tlie case, under § 80, chap. 18, R. S., to recover for bodily injuries claimed to have been received by the plaintiff through an alleged defect in the highway in the defendant town; the defect claimed was the want of a railing at the point where plaintiff sustained her injuries; the defendant town defended mainly on the ground that the town through its proper officers did not have the twenty-four hours actual notice of the defect required by statute. Also that Thomas the plaintiff’s driver who was carrying her for hire, and who…
1Opinion of the CourtWhitehouse, J.
The plaintiff recovered a verdict of $1304.33 for personal injuries alleged to have been received through a defect in one of the highways of the defendant town, and the case is before this court on exceptions and a motion for a new trial as against evidence.
On the first day of November, 1899, in the evening, the plaintiff was traveling on the highway leading from Rumford Point to Andover by way of the covered bridge near the mouth of Ellis river. She was one of four passengers in a public carriage drawn by two horses driven by A. W. Thomas. The night was very dark and rainy, and when they…
2Cases cited1 opinion
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
3Cited by10 opinions
- Hersum v. Kennebec Water DistrictSupreme Judicial Court of Maine · 1955
- State v. RangerSupreme Judicial Court of Maine · 1958
- State v. RangerSupreme Judicial Court of Maine · 1953
- Sharby v. Town of FletcherSupreme Court of Vermont · 1924
- Balding v. AndrewsNorth Dakota Supreme Court · 1903
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