Baker v. City of Portland
Supreme Judicial Court of Maine
On exceptions. Case, for an injury occasioned by a defective highway. There are two actions, — one for injury to Henry Baker’s wife, and the other to himself.
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On exceptions. Case, for an injury occasioned by a defective highway. There are two actions, — one for injury to Henry Baker’s wife, and the other to himself. The defendants put into the case the following city ordinance: “No person having for the time being the care or use of any horse or other beast of burden, carriage, or draught, shall ride or drive, or cause the same to be driven through any part of the city at a faster rate than six miles an hour, under a penalty of not less than five dollars, nor more than twenty dollars for each offense.” The presiding judge instructed the jury, that,…
1Opinion of the CourtBarrows, J.
The plaintiffs suffered serious damage in person and property on the evening of Oct. 18, 1868, by reason of the upsetting of the carriage in which they were riding, in consequence of running over certain piles of stones which had been ■ dumped in the roadway on Cumberland street, by persons in the employ of the street commissioner, and left there over night without guards or lights to protect or warn the traveler. The buggy and harness were well made and in good order, the horse well broken and kind, though spirited, the street much frequented, and the evening too dark for a man in a carriage…
2Cited by12 opinions
- Blair v. GrangerSupreme Court of Rhode Island · 1902
- Tackett v. Taylor CountySupreme Court of Iowa · 1904
- Helfenstein v. MedartSupreme Court of Missouri · 1896
- Hoadley v. International Paper Co.Supreme Court of Vermont · 1899
- Chesapeake & Ohio Railway Co. v. JenningsSupreme Court of Virginia · 1900
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