McCarthy v. City of Portland
Supreme Judicial Court of Maine
On exceptions and motion from the superior court. Case for injury to plaintiff’s horse from defective highway. Plea, not guilty, under which, evidence was introduced tending to show that the plaintiff was racing the horse, and matching it for speed at the time its leg was broken. Upon that point, Judge Symonds instructed the jury as follows: “ Highways are only to be safe and convenient for travelers.
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On exceptions and motion from the superior court. Case for injury to plaintiff’s horse from defective highway. Plea, not guilty, under which, evidence was introduced tending to show that the plaintiff was racing the horse, and matching it for speed at the time its leg was broken. Upon that point, Judge Symonds instructed the jury as follows: “ Highways are only to be safe and convenient for travelers. If a man once intentionally starts upon a race, having that object in view, and not any legitimate purpose of travel, whether lie has readied the point where the horses are to be put to full…
1Opinion of the CourtPeters, J.
We think the judge at the trial gave a correct ruling upon the point raised in this case, and presented the idea, involved in it, in apt and appropriate words. To enable the plaintiff to recover, he must have been “a traveler.” That is not all. He must have been traveling for some purpose or other for which streets are required to be constructed and kept in repair. A person may be a traveler, but not such within the contemplation of the statute, which gives compensation for an injury occasioned by a defect in a highway. He may be within or without the protection of the statute, and still be a…
2Cited by6 opinions
- Barrett v. Village of PrincetonSupreme Court of Minnesota · 1916
- Sindlinger v. City of KansasSupreme Court of Missouri · 1895
- Roennau v. WhitsonSupreme Court of Iowa · 1920
- Mobus v. Town of WaitsfieldSupreme Court of Vermont · 1902
- Varney v. ManchesterSupreme Court of New Hampshire · 1878
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