Davis v. City of Bangor
Supreme Judicial Court of Maine
Exceptions from Nisi Prius, Hathaway, J., presiding. This was an action of the case to recover damages for an injury received by the plaintiff, by the upsetting of his chaise, in consequence of his horse taking fright upon a bridge in Bangor. Much testimony was introduced on both sides. The verdict was for the plaintiff and the defendants excepted.
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Exceptions from Nisi Prius, Hathaway, J., presiding. This was an action of the case to recover damages for an injury received by the plaintiff, by the upsetting of his chaise, in consequence of his horse taking fright upon a bridge in Bangor. Much testimony was introduced on both sides. The verdict was for the plaintiff and the defendants excepted. The cause was argued at the law term of the Court held at Bangor, in July, 1856. The facts of the case are fully stated in the opinion of the Court. After the evidence was in, the presiding Judge was requested by counsel for defendants to give the…
1Opinion of the CourtAppleton, J.
On the morning of the day when the injury occurred, to recover compensation for which this action is brought, a large evergreen was brought to Bangor market. It “ was standing erect in the wagon,” with the horses attached, and under the care of the driver. The wagon was on the Kenduskeag bridge, but it “had not been there a great while” when the plaintiff’s horse in passing over the bridge was frightened by the tree, which fright, “being further increased by the bushes on other loads,” he ran, overturning the chaise in which the plaintiff with his wife was riding, who was thereby severely…
2Cases cited2 opinions
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
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- Reegan v. City of GalvestonCourt of Appeals of Texas · 1929
- Eggleston v. President, Directors & Co. of the Columbia Turnpike RoadNew York Court of Appeals · 1880
- Speir v. City of BrooklynNew York City Court · 1892
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