Legal Opinion

Bowler v. Inhabitants of Washington

Supreme Judicial Court of Maine

Decided July 1, 1873PublishedCited by 10 opinions

Motion for a new trial on tbe ground of the misconduct of a juror. This was an action to recover for injuries sustained' by the plaintiff being thrown from his wagon by its striking a.rock which he claimed projected into and so obstructed a way, which the defendants were bound to keep in repair, as to make it defective. The juror visited the locus in quo and what there transpired is fully stated in the opinion of the court.

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Motion for a new trial on tbe ground of the misconduct of a juror. This was an action to recover for injuries sustained' by the plaintiff being thrown from his wagon by its striking a.rock which he claimed projected into and so obstructed a way, which the defendants were bound to keep in repair, as to make it defective. The juror visited the locus in quo and what there transpired is fully stated in the opinion of the court. The defendants had a verdict and the plaintiff filed this motion to set it aside. Brown v. Moran, 42 Maine, 144.

1Opinion of the Court

Appleton, O. J.

This is an action to recover damages for an injury sustained by the plaintiff through a defect in a highway of the defendant town. A verdict was rendered against him, which he moves to set aside for the misconduct of one of the jury.

Washington Robbins, the juryman in question, testifies that while the cause was on trial and during an adjournment, he went to the defendant town, distant some twenty miles from the place of trial; that he was at the place where the accident was said to have happened; that after he got there two inhabitants of the defendant town came along and…

2Cited by10 opinions

  1. Patterson v. RossignolSupreme Judicial Court of Maine · 1968
  2. Marr v. ShoresSupreme Judicial Court of Maine · 1985
  3. Ortman v. Union Pacific Railway Co.Supreme Court of Kansas · 1884
  4. State v. CoburnSupreme Judicial Court of Maine · 1999
  5. Simmons v. State Ex Rel. State Highway CommissionSupreme Judicial Court of Maine · 1966

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