Legal Opinion

Moulton v. Inhabitants of Sanford

Supreme Judicial Court of Maine

Decided July 1, 1862PublishedCited by 18 opinions

Exceptions from the ruling of Goodenow, J. This was an action on the case to recover for personal injuries, and for damages to plaintiff’s horse and wagon, alleged to have been occasioned in consequence of a want of railing on a bridge in the highway in the defendant town.

1Opinion of the Court

The facts are sufficiently stated in the opinion of the Court, which was drawn up by

Davis, J.

The plaintiff, according to his own testimony, was crossing a bridge over a narrow stream in the town of Sanfordj when his horse was frightened by some animal jumping into the water. The bridge was of sufficient width, and well built; but there was no railing. The horse being thus frightened, and unmanageable, ran so near the edge that the body of the wagon was detached from the forward wheels, and thrown off into the stream.

As the primary cause of the accident, — not remote, but proximate and…

2Cases cited1 opinion

  1. Hunt v. Town of PownalSupreme Court of Vermont · 1837

3Cited by18 opinions

  1. Bartram v. Town of SharonSupreme Court of Connecticut · 1899
  2. Village of Carterville v. CookIllinois Supreme Court · 1889
  3. Powers v. Standard Oil Co.Supreme Court of New Jersey · 1923
  4. Island Express, Inc. v. FrederickSupreme Court of Delaware · 1934
  5. City of Crawfordsville v. SmithIndiana Supreme Court · 1881

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