State v. Inhabitants of Gorham
Supreme Judicial Court of Maine
On Facts agreed. Indictment. The York and Cumberland Rail Road Company, in pursuance of their charter, laid out and- built their road across one of the highways which the defendants were bound to keep in repair. Over their rail road, the company built .a bridge, where the highway formerly was, with abutments. The indictment was for the neglect of defendants in keeping this bridge and .abutments in a fit state of repair.
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On Facts agreed. Indictment. The York and Cumberland Rail Road Company, in pursuance of their charter, laid out and- built their road across one of the highways which the defendants were bound to keep in repair. Over their rail road, the company built .a bridge, where the highway formerly was, with abutments. The indictment was for the neglect of defendants in keeping this bridge and .abutments in a fit state of repair. If the Court shall be of opinion, that the indictment will lie, the case is to stand for trial, otherwise a nolle prosequi is to be entered. This indictment ought not to be…
1Opinion of the CourtRice, J.
— This is an indictment for a defective highway and bridge, situated in the town of Gorham, and is based upon the provisions of § 57, c. 25, R. S.
Section 16, of c. 81, R. S., provides, that “ every rail road corporation shall maintain and keep in repair, all bridges, with their abutments, which said corporation shall construct, for the purpose of enabling their road to pass over or under any turnpike road, canal, highway, or other way.”
*454This provision it is contended, to that extent exonerates towns from the general liability for defects in the highways within their limits, imposed upon them…
2Cases cited1 opinion
- Heacock v. ShermanNew York Supreme Court · 1835
3Cited by9 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- City of Moundsville v. Ohio R. R.West Virginia Supreme Court · 1892
- City of Indianapolis v. Indianapolis Water Co.Indiana Supreme Court · 1916
- City of Argentine v. Atchison, Topeka, & Santa Fe RailroadSupreme Court of Kansas · 1895
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