State v. Inhabitants of Madison
Supreme Judicial Court of Maine
On exceptions. Indictment for a defective highway. The alleged defect was admitted, the defendants contending that they were not liable to maintain and keep in repair the way in question. February 9th, 1827, the proprietors of Norridgewock Falls Bridge were incorporated and authorized to erect a toll bridge “across the Kennebec River between Madison and Anson,” at some suitable place between Weston’s Ferry and Norridgewock Falls.
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On exceptions. Indictment for a defective highway. The alleged defect was admitted, the defendants contending that they were not liable to maintain and keep in repair the way in question. February 9th, 1827, the proprietors of Norridgewock Falls Bridge were incorporated and authorized to erect a toll bridge “across the Kennebec River between Madison and Anson,” at some suitable place between Weston’s Ferry and Norridgewock Falls. During the two years subsequent to the passage of this act, the proprietors erected a bridge in accordance with the provisions of their charter from Anson…
1Opinion of the CourtDickerson, J.
The party obliged by law to repair a public highway or toll bridge is liable criminally for neglecting to perform this duty, and civilly for damages caused by such neglect. The liability in botli these respects depends, substantially, upon the same facts; in general an indictment lies where an action for damages lies in such cases, and vice versa. Davis s. Bangor, 42 Maine, 522; Howard v. North Bridgewater, 16 Pick., 190.
The most important question presented for our consideration is, whether the town of Madison is liable to indictment for not repairing that part of the bridge which is within…
2Cited by2 opinions
- Toulouse v. Board of Zoning AdjustmentSupreme Judicial Court of Maine · 1952
- State ex rel. Chicago & Northwestern Railway Co. v. BurnellWisconsin Supreme Court · 1899