Legal Opinion

Patten v. Bartlett

Supreme Judicial Court of Maine

Decided January 31, 1914PublishedCited by 26 opinions

On report. Judgment for the plaintiff. Damages assessed at $ 150. This is an action on the case to recover damages of the defendant as owner of a house lot situate in Littleton, in said County of Aroostook, for the loss of a horse, owned by the plaintiff, in the evening of December 29, 1911. The plaintiff, a truckman, on said day was delivering a load of wood to a tenant of the plaintiff in said premises, when said horse fell into an excavation made by the defendant for a…

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On report. Judgment for the plaintiff. Damages assessed at $ 150. This is an action on the case to recover damages of the defendant as owner of a house lot situate in Littleton, in said County of Aroostook, for the loss of a horse, owned by the plaintiff, in the evening of December 29, 1911. The plaintiff, a truckman, on said day was delivering a load of wood to a tenant of the plaintiff in said premises, when said horse fell into an excavation made by the defendant for a cesspool, and was killed. Plea, general issue. At the conclusion of the evidence for the plaintiff, by agreement of the…

1Opinion of the CourtPhilbrook, J.

The plaintiff is a general truckman, residing and doing business at Houlton. The defendant owns a house and lot in the same town, occupied by J. Aubrey Henderson, a tenant at will. Before the occupancy of the premises by Henderson the defendant had moved the barn from its former location on the lot to a position in line with the house and ell, so that the entire line of buildings extended easterly from the street and the back end of the barn was nearly contiguous to the easterly line of the lot. Southerly from the barn, in its new location, and very near the easterly line of the lot, before…

2Cases cited2 opinions

  1. Plummer v. DillMassachusetts Supreme Judicial Court · 1892
  2. Engel v. SmithMichigan Supreme Court · 1890

3Cited by26 opinions

  1. Myrick v. JamesSupreme Judicial Court of Maine · 1982
  2. Poulin v. Colby CollegeSupreme Judicial Court of Maine · 1979
  3. Crossgrove v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1923
  4. Smith v. TuckerTennessee Supreme Court · 1924
  5. Young v. PriceHawaii Supreme Court · 1963

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