Bryant v. Inhabitants of Biddeford
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Shepley, C. J., presiding. Case, to recover damages to plaintiff’s horse and chaise, by reason of a defect in a road or way in the town of Biddeford. The general issue was pleaded.
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On Exceptions from Nisi Prius, Shepley, C. J., presiding. Case, to recover damages to plaintiff’s horse and chaise, by reason of a defect in a road or way in the town of Biddeford. The general issue was pleaded. The defence was that the place of the accident was not that part of the highway the town were bound to keep in repair; nor were the town liable in any event, the plaintiff having let his horse and chaise on Sunday, and the injury being suffered during the letting under that contract. It appeared that the plaintiff, on Sunday, Oct. 3,1852, let his horse and chaise to one Wakefield, to…
1Opinion of the CourtAppletON, J.
— The instructions “that there did not appear to be any testimony to prove that Chesnut street had been legally laid out as a town or as a highway, and if the town had not expended any money upon it, it would be under no obligation to keep it in repair; that if satisfied the Saco Water Power Company had laid out and dedicated it to the public use, the town would not thereby become liable to repair it, unless it had in some way accepted or adopted it as a way; that the burden of the town and its liabilities could not be varied by the acts of the Water Power Company without its consent;” were…
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