Legal Opinion

Mosher v. Inhabitants of Smithfield

Supreme Judicial Court of Maine

Decided March 15, 1892PublishedCited by 6 opinions

On motion. Action on the case to recover damages alleged to have been been sustained by a defective highway in the town of Smithfield. The jury returned a verdict for the plaintiff of two thousand dollars. The case is stated in the opinion.

1Opinion of the CourtFoster, J.

This is an action to recover damages for personal injuries claimed to have been occasioned by a defective highway in the defendant town. A verdict was rendered for the full amount which the law allows, and the defendants ask to have the verdict set aside because there is no evidence of due care on the part of the plaintiff, or her father who was driving the team, at the time the injury was received.

The alleged defect consisted of a hole in the plank on the Smithfield bridge across Great Meadow stream, which is the dividing line between the towns of Smithfield and Nome. The bridge is about…

2Cases cited5 opinions

  1. Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
  2. Birge v. GardinerSupreme Court of Connecticut · 1849
  3. Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
  4. Murphy v. DeaneMassachusetts Supreme Judicial Court · 1869
  5. Crafts v. City of BostonMassachusetts Supreme Judicial Court · 1872

3Cited by6 opinions

  1. Ginn v. Penobscot CompanySupreme Judicial Court of Maine · 1975
  2. Unobskey v. Continental InsuranceSupreme Judicial Court of Maine · 1952
  3. Cogswell Ex Rel. Cogswell v. Warren Bros. Road Co.Supreme Judicial Court of Maine · 1967
  4. Mills v. RichardsonSupreme Judicial Court of Maine · 1927
  5. Lawrence v. LarsenSupreme Judicial Court of Maine · 1960

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