Legal Opinion

Morgan v. City of Lewiston

Supreme Judicial Court of Maine

Decided May 28, 1898PublishedCited by 18 opinions

On Report. This was an action on the case to recover damages for an injury to tbe plaintiff, on the evening of December 31, 1895, while traveling along Park street toward Main street, in the city of Lewis-ton, caused by her feet striking against a plank crosswise of the Park street walk, at its junction with the inside line of the sidewalk on Main street, placed there edgewise for the purpose of holding the brick of the Main street walk in place, and projecting above the…

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On Report. This was an action on the case to recover damages for an injury to tbe plaintiff, on the evening of December 31, 1895, while traveling along Park street toward Main street, in the city of Lewis-ton, caused by her feet striking against a plank crosswise of the Park street walk, at its junction with the inside line of the sidewalk on Main street, placed there edgewise for the purpose of holding the brick of the Main street walk in place, and projecting above the surface of the Park street walk, with a perpendicular face toward Park street from five and one-half inches on the inside…

1Opinion of the CourtWhs well, J.

Action to recover for personal injuries sustained by the plaintiff through an alleged defect in a street of the defendant city.

The defective condition complained of is, that at the junction of Main and Park streets, the sidewalks were not on the same level. The .Main street walk was of brick, constructed about a month prior to the accident, with a plank at the outside of the walk, at the junction, set upon edge, with the top of the plank flush with the surface of the walk, for the purpose of retaining the brick in place. The Park street walk was of earth, with ashes placed next to the brick…

2Cited by18 opinions

  1. City of Brunswick v. GlogauerSupreme Court of Georgia · 1924
  2. Johnson v. City of Bay CityMichigan Supreme Court · 1910
  3. Maryon v. City of AtlantaSupreme Court of Georgia · 1919
  4. Goodwyn v. City of ShreveportSupreme Court of Louisiana · 1914
  5. Board of Commissioners of Miami County v. KlepingerIndiana Court of Appeals · 1971

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