Daniel v. Morency

This is an action on the case instituted on October 30, A. D. 1958 by the plaintiff for her bodily injuries and other special damages arising from a public nuisance, Restatement of The Law, Torts, Chapter 40, Page 218, Introductory Note; R. S., c. 141, §§ 6, 18; Smith v. Preston, 104 Me. 156, 162.

Defendant was a garage proprietor. In the public sidewalk in front of his place of business he maintained a gasoline pump. To the south, in the sidewalk but in front of the adjacent premises defendant had a metal filler pipe which covered the inlet pipe serving to fill the tank below defendant’s…