Savage v. Bangor
Supreme Judicial Court of Maine
On Report from Nisi Prius, Hathaway, J., presiding. Case, for damages received by tho female plaintiff, by reason of an alleged defect in the highway which the defendants were bound to keep in repair.
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On Report from Nisi Prius, Hathaway, J., presiding. Case, for damages received by tho female plaintiff, by reason of an alleged defect in the highway which the defendants were bound to keep in repair. After the evidence was out, it was agreed to report the ease for the consideration of the full Court, to be decided by nonsuit or default, according to the legal rights of the parties; and if a default was directed, the Court were authorized to assess the damages upon the evidence reported. The facts found by the Court appear in the opinion.
1Opinion of the CourtTenney, J.
The plaintiffs seek compensation for an injury alleged to have been received by the female plaintiff in January, 1854, by the upsetting of a stage sleigh, upon a public highway, which it is admitted, the city of Bangor is bound to keep in repair.
It appears that for the distance of about thirty-five rods, the part of the highway, which had been prepared for the travel, when not covered with snow, was impeded with deep drifts for some time previous, without any attempt to make a path through them; and that the way for the passage of carriages had been broken out near the fence, which bounded…
2Cited by1 opinion
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