Spaulding v. Inhabitants of Winslow
Supreme Judicial Court of Maine
ON bxoeptioNS, and on report on motion to set asido the verdict. An action to recover damages for personal injuries sustained by reason of a defect in a road in the defendant town. The writ was dated August 16, 1881. Plea, general issue. The defect complained of was a want of a railing alongside the way, by reason of which the plaintiff’s wagon was upset in the ditch, his horse having shied at a hole in a culvert.
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ON bxoeptioNS, and on report on motion to set asido the verdict. An action to recover damages for personal injuries sustained by reason of a defect in a road in the defendant town. The writ was dated August 16, 1881. Plea, general issue. The defect complained of was a want of a railing alongside the way, by reason of which the plaintiff’s wagon was upset in the ditch, his horse having shied at a hole in a culvert. The accident occurred August 4, 1881. At the trial the presiding justice instructed the jury as follows : . . . " It will be incumbent, then, upon the plaintiff, in the first…
1Opinion of the CourtPeters, J.
The plaintiff was traveling with horse and wagon upon a road in the town of Winslow, when his horse took fright at a hole, or at the fresh covering of a hole, in a culvert crossing the road, and by the conduct of the horse the wagon was carried into the ditch, the plaintiff was thrown therefrom, and thereby received a personal injury. The plaintiff alleges that the road was defective for not having a railing between the traveled way and the ditch adjoining.
A question arises,, whether the fright of the horse should be considered the legal cause or any part of the legal cause of the accident.…
2Cases cited6 opinions
- Stone v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1868
- Kennedy v. . MayorNew York Court of Appeals · 1878
- Cushing v. Inhabitants of BedfordMassachusetts Supreme Judicial Court · 1878
- Wright v. Inhabitants of TempletonMassachusetts Supreme Judicial Court · 1882
- Horton v. City of TauntonMassachusetts Supreme Judicial Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Vogelgesang v. City of St. LouisSupreme Court of Missouri · 1897
- Watters v. City of WaterlooSupreme Court of Iowa · 1904
- Sale v. Aurora & Laughery Turnpike Co.Indiana Supreme Court · 1897
- Town of Spencer v. MayfieldIndiana Court of Appeals · 1908
- City of Denver v. UtzlerSupreme Court of Colorado · 1906
7 more not listed; retrieve them via the Exa API.