Titus v. Inhabitants of Frankfort
Supreme Judicial Court of Maine
This was an action on the case brought in the county of Penob-scot by the plaintiff, an inhabitant of Brewer in that county, against the inhabitants of Frankfort in the county of Waldo, for damages alleged to have been sustained by reason of want of repair and defects in and obstructions placed upon a bridge, part of a highway within the town of Frankfort.
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This was an action on the case brought in the county of Penob-scot by the plaintiff, an inhabitant of Brewer in that county, against the inhabitants of Frankfort in the county of Waldo, for damages alleged to have been sustained by reason of want of repair and defects in and obstructions placed upon a bridge, part of a highway within the town of Frankfort. The defendants pleaded in abatement, that the cause of action was local in its nature, and that therefore it could not be maintained in tho county of Penobscoi, but should have been brought in the county oí Waldo. To this plea there was a…
1Opinion of the Court
The case was continued for advisement, and the opinion of the Court was afterwards drawn up by
Emery J.
it is apparent from the agreement signed by the counsel of the parties in this case, that it is presented to us with a view of obtaining a decision only on the point, whether the action is local. We are therefore relieved from any very particular examination of the declaration, or plea in abatement, and take it for granted, that they are all they should be in substance, and in form, to raise the question of locality. For the defendants, it is insisted, that the action is local, that damages…
2Cited by2 opinions
- Little v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1896
- Michaud v. City of BangorSupreme Judicial Court of Maine · 1964