Lake v. Milliken
Supreme Judicial Court of Maine
On exceptions. Case for so negligently placing boards in the highway, that the plaintiff, passing along the same in the exercise of the requisite degree of care, had his horse frightened by a rattling noise occasioned by a load of .barrels being driven over these boards, whereby he was thrown out and severely injured; as is more fully stated in the opinion. The presiding judge ordered a nonsuit and the plaintiff excepted.
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On exceptions. Case for so negligently placing boards in the highway, that the plaintiff, passing along the same in the exercise of the requisite degree of care, had his horse frightened by a rattling noise occasioned by a load of .barrels being driven over these boards, whereby he was thrown out and severely injured; as is more fully stated in the opinion. The presiding judge ordered a nonsuit and the plaintiff excepted. Unnecessary that the defendants’ negligence should be the sole cause of the injury. Bigelow v. Reed, 51 Maine, 325 ; Salisbury v. Herchenroder, 106 Mass., 4:58; Brehm v. G.…
1Opinion of the CourtAppleton, C. J.
This is an action on the case against the defendants, to recover damages sustained by the plaintiff in consequence of a pile of boards wrongfully placed by them in a public highway in the city of Augusta.
The case comes before us upon a nonsuit, ordered by the justice presiding on the plaintiff’s evidence. In determining whether the nonsuit was rightly ordered or not, we must assume the truth of the proof offered, and regard it in the light most favorable to him; for the jury might have so regarded it.
It appears from the evidence that the defendants had piled their boards in a street…
2Cases cited1 opinion
- Chapman v. . New Haven Railroad CompanyNew York Court of Appeals · 1859
3Cited by15 opinions
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
- Colorado Mortgage & Investment Co. v. ReesSupreme Court of Colorado · 1895
- Olson v. Gill Home Investment Co.Washington Supreme Court · 1910
- Marine Ins. v. St. Louis, I. M. & S. Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1890
- Dunn v. Cass Avenue & Fair Grounds Railway Co.Missouri Court of Appeals · 1886
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