Coombs v. Inhabitants of Topsham
Supreme Judicial Court of Maine
Case, to recover damages for injuries alleged to have been received by means of a defect in a public highway. The cause was tried before Appleton, J. After a verdict for the plaintiff the evidence was reported on a motion for a new trial.
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Case, to recover damages for injuries alleged to have been received by means of a defect in a public highway. The cause was tried before Appleton, J. After a verdict for the plaintiff the evidence was reported on a motion for a new trial. It was agreed that if the verdict was against evidence, or if the instructions given were erroneous, or if those rejected w«re material and were erroneously refused, the verdict should be set aside and a new trial granted; otherwise judgment to be rendered on the verdict.
1Opinion of the Court
Tenney J.
— This action is to recover damages alleged to have been sustained by the plaintiff upon Green street, in the town of Topsham, by reason of a defect therein, which street, it is also alleged, the defendants were bound to keep in repair.
In the attempt to have the verdict set aside, the defendants do not apparently roly upon errors in the instructions to the jury, or in withholding instructions which were requested. But they insist, that the verdict was palpably against the entire evidence of the case, and that there was no testimony on which the verdict against them can rest.
Some…
2Cited by2 opinions
- Schaeffer v. Jackson TownshipSupreme Court of Pennsylvania · 1892
- Merrill v. PortlandU.S. Circuit Court for the District of Maine · 1870