Briggs v. Lake Auburn Crystal Ice Co.
Supreme Judicial Court of Maine
On exceptions by the plaintiff. Exceptions overruled. This is an action on the case to recover for injuries to person and property alleged to have been sustained by the plaintiff, by reason of the negligence of defendant company in the management of one of its ice teams, as a result of which said team collided with the team of the plaintiff on the streets of Auburn, causing the injuries complained of. The plea was the general issue.
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On exceptions by the plaintiff. Exceptions overruled. This is an action on the case to recover for injuries to person and property alleged to have been sustained by the plaintiff, by reason of the negligence of defendant company in the management of one of its ice teams, as a result of which said team collided with the team of the plaintiff on the streets of Auburn, causing the injuries complained of. The plea was the general issue. The jury returned a verdict for the defendant, and the plaintiff had exceptions to the refusal of the presiding Justice to give certain requested instructions…
1Opinion of the CourtCornish, J.
The declaration in this case counts upon "the duty of the defendant to manage its said teams so that the same should not escape and run away and into persons lawfully upon and using the highways in said city of Auburn, but the said defendant unmindful of its duty in this regard then and there through its said servants and agents so negligently managed a pair of draft horses attached to a heavy ice cart, said negligence consisting in leaving said horses while so harnessed to said wagon standing unhitched and without the near presence of any driver or attendant to control said team and prevent…
2Cases cited4 opinions
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Lyons v. MerrickMassachusetts Supreme Judicial Court · 1870
- Coller v. KnoxSupreme Court of Pennsylvania · 1908
3Cited by2 opinions
- Byram v. MainSupreme Judicial Court of Maine · 1987
- Byram v. MainSupreme Judicial Court of Maine · 1984