Whitman v. Fisher
Supreme Judicial Court of Maine
On motion and exceptions by defendant. Action on the case to recover damages for injuries received by reason of an obstruction in the highway on Main Street, in the City of Lewiston. The obstruction and accident are the same which formed the basis of the action in Whitman v. Lewiston, 97 Maine, 519. The verdict for the plaintiff in that case was set aside by the law court on the defendant’s motion as being against the law and evidence.
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On motion and exceptions by defendant. Action on the case to recover damages for injuries received by reason of an obstruction in the highway on Main Street, in the City of Lewiston. The obstruction and accident are the same which formed the basis of the action in Whitman v. Lewiston, 97 Maine, 519. The verdict for the plaintiff in that case was set aside by the law court on the defendant’s motion as being against the law and evidence. This action was subseqently brought against the defendant Fisher, abutting owner, who was alleged to have caused the obstruction. The obstruction was a pile of…
1Opinion of the CourtWiswell, C. J.
The facts in this case are the same as those in the case of Whitman v. City of Lewiston, 97 Maine, 519.
That action by the same plaintiff against the city, was to recover for injuries claimed to have been sustained by her on account of an alleged defective condition of the highway. The court decided that a verdict for the plaintiff could not be sustained, because it appeared clear to the court that the negligence of the plaintiff’s husband, who was driving, contributed to the injury, and in a statutory action of *577that kind a plaintiff cannot recover if any efficient cause, for which neither the…
2Cases cited2 opinions
- Brickell v. N. Y. C. & H. R. R. R. Co.New York Court of Appeals · 1890
- Hoag v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1888
3Cited by12 opinions
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Davis v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1907
- Clarke v. Connecticut Co.Supreme Court of Connecticut · 1910
- Wentworth v. Town of WaterburySupreme Court of Vermont · 1916
- Martindale v. Oregon Short Line R.Utah Supreme Court · 1916
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