Stuart v. Inhabitants of Machias Port

The opinion of the Court was drawn up by

Tenney, C. J.

The plaintiff alleged, in his writ, that he had sustained a personal injury through a defect in a highway in the town of Machias Port, which the inhabitants thereof were bound to keep in repair, according to requirements of the statute. The defendants’ liability was denied.

It appears from the case that the defendants introduced evidence tending to show that, at the time of the accident, the plaintiff was more or less intoxicated; and evidence tending to show that he was sober was introduced on the part of the plaintiff.

The presiding Justice…