Pendleton v. Inhabitants of Northport
Supreme Judicial Court of Maine
On report. This was a special action of the case under R. S., c. 18, § 80, to recover the value of a horse alleged to have died from the effects of injuries received on the twenty-ninth day of April, 1888, by reason of a defect in a way in the defendant town.
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On report. This was a special action of the case under R. S., c. 18, § 80, to recover the value of a horse alleged to have died from the effects of injuries received on the twenty-ninth day of April, 1888, by reason of a defect in a way in the defendant town. The facts are sufficiently stated in the opinion. cited : Smyth v. Bangor, 72 Maine, 249 ; N. E. R. Yol. 1, page 118, R. I. ; Hinckley v. Somerset, N. E. R. Vol. 5, page 377 ; Monies v. Lynn, 119 Mass. 273-5; Brooks v. Somerville, 106 Mass. 271; Holmes v. Paris, 75 Maine, 559. cited: R. S., c. 18, § 80; Spaulding v. Winslow, 74 Maine,…
1Opinion of the CourtPeters, C. J.
The plaintiff’s horse was injured while his owner was attempting to drive along a highway in the defendant town, at a place where a covered culvert had become broken and out of repair from an overflowing caused by unusually heavy rains. It was established at the trial that the culvert, in its original construction, was not of sufficient size to readily vent, at all times, the amount of water seeking its way through it, thereby causing an occasional overflowing of the road. The town, through its officers, did not have actual notice of the defective condition of the road twenty-four hours…
2Cases cited1 opinion
- Ryerson v. Inhabitants of AbingtonMassachusetts Supreme Judicial Court · 1869
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- Katz v. SorsbySupreme Court of Louisiana · 1882