Charlesworth v. American Express Co.
Supreme Judicial Court of Maine
Action on the case based on the alleged negligence of defendant. Defendant filed plea of general issue. During the progress of the trial plaintiff offered evidence in regard to injuries to plaintiff’s back, and defendant objected to the admission of such evidence on the ground that nothing appeared in the declaration in regard to such injuries.
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Action on the case based on the alleged negligence of defendant. Defendant filed plea of general issue. During the progress of the trial plaintiff offered evidence in regard to injuries to plaintiff’s back, and defendant objected to the admission of such evidence on the ground that nothing appeared in the declaration in regard to such injuries. Plaintiff was allowed to amend his declaration and defendant thereupon made motion to have case continued on the ground that the amendment opened up new allegations which were serious in their nature and that the defendant did not have sufficient time…
1Opinion of the CourtCornish, C. J.
On the afternoon of December 23, 1916, the plaintiff and her husband left their home in Lisbon for Newport Junction, Ada the Maine Central Railroad. They arrived at their destination about 4.30 or 4.45 P. M., shortly after dark. They alighted from the train, which was a long one, and started to walk down the lighted platform toward the railroad station. On their way they met an employe of the defendant wheeling an express truck loaded high with express packages and bundles among them two kegs, one an eight gallon and the other a sixteen gallon keg. As the plaintiff was passing this truck, one…
2Cases cited2 opinions
- Gerkin v. Brown & Sehler Co.Michigan Supreme Court · 1913
- Stevenson v. SherwoodIllinois Supreme Court · 1859
3Cited by18 opinions
- State v. HumeSupreme Judicial Court of Maine · 1951
- State v. WardwellSupreme Judicial Court of Maine · 1962
- E. N. Nason, Inc. v. Land-Ho Development Corp.Supreme Judicial Court of Maine · 1979
- State v. DyerSupreme Judicial Court of Maine · 1977
- Gagne v. Cianbro Corp.Supreme Judicial Court of Maine · 1981
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