Low v. Grand Trunk Railway Co.
Supreme Judicial Court of Maine
ON EXCEPTIONS AND MOTION TO SET ASIDE THE VERDICT. An action on the ease to recover damages for a personal The plaintiff was a night inspector of customs in the Portland custom house. On the night of December 16, 1878, he was ordered by the collector, to look after smuggled goods from the English steamer Brooklyn, lying at the defendant’s wharf.
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ON EXCEPTIONS AND MOTION TO SET ASIDE THE VERDICT. An action on the ease to recover damages for a personal The plaintiff was a night inspector of customs in the Portland custom house. On the night of December 16, 1878, he was ordered by the collector, to look after smuggled goods from the English steamer Brooklyn, lying at the defendant’s wharf. While passing over that wharf in the performance of that duty, he fell into a slip about eight feet deep and received the injury for which damages were sought to be recovered. The wharf was used at the time as a coal wharf, and the slip was for the…
1Opinion of the CourtBarrows, J.
The counsel for defendants, while recognizing as sound law the general principle that "an owner is bound to keep his premises in a safe and suitable condition for those who come upon and pass over them, using due care, if he has held out any invitation express or implied, by which they have been led to enter therein,” stoutly contend that this custom house Officer, who on the night of the accident was upon the defendants’ *317wharf, in the regular course of his duty to watch for smugglers and prevent smuggling from the steamer which was just hauling into the dock there from a foreign port, had no…
2Cited by15 opinions
- Meiers v. Fred Koch BreweryNew York Court of Appeals · 1920
- Bronson v. OakesCourt of Appeals for the Eighth Circuit · 1896
- Printy v. ReimboldSupreme Court of Iowa · 1925
- Torrey v. Congress Square Hotel Co.Supreme Judicial Court of Maine · 1950
- Thompson v. Northern Pac. Ry. Co.Court of Appeals for the Ninth Circuit · 1899
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