Yeaw v. Williams
Supreme Court of Rhode Island
Defendant’s petition for a new trial. The plaintiff in this action, while driving along a highway, was injured by his wagon striking a post. He brought suit against tbe town in which the highway was situated, charging that the highway was dangerous, owing to the negligence of the town authorities, and obtained a verdict.
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Defendant’s petition for a new trial. The plaintiff in this action, while driving along a highway, was injured by his wagon striking a post. He brought suit against tbe town in which the highway was situated, charging that the highway was dangerous, owing to the negligence of the town authorities, and obtained a verdict. The defendant tben petitioned for a new trial, on tbe grounds that tbe verdict was unsupported by the evidence, and that tbe presiding justice erred in his rulings at the trial.
1Opinion of the CourtDureee, C. J.
First. We think the question, whether tbe town was chargeable witb culpable neglect in leaving the post where it was before tbe plaintiff was injured by it, was a question of fact for tbe jury. Doubtless a hitching-post might be located near tbe travelled part of a road, and just out of it, in a position where it would be so unexposed or so protected that tbe town would evidently not be at fault for leaving it there, and that tbe court might properly so instruct tbe jury. Tbe case at bar was not such a case. In the case at bar the plaintiff’s testimony tended to show that the post complained…
2Cases cited6 opinions
- Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868
- Stone v. Inhabitants of HubbardstonMassachusetts Supreme Judicial Court · 1868
- Babson v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1869
- Warner v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
- Cramer v. City of BurlingtonSupreme Court of Iowa · 1877
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3Cited by5 opinions
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- Effray v. MassonNew York Court of Common Pleas · 1892
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