Nichols v. Inhabitants of Athens
Supreme Judicial Court of Maine
On report of evidence in two cases, tried together. Case for injury from defective highway. The alleged defect is stated in the first sentence of the opinion. The plea was the general issue. There was evidence that John D. Whittemore, a teamster, was traveling along a back road, in Athens, in August, 1873, with a loaded wagon.
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On report of evidence in two cases, tried together. Case for injury from defective highway. The alleged defect is stated in the first sentence of the opinion. The plea was the general issue. There was evidence that John D. Whittemore, a teamster, was traveling along a back road, in Athens, in August, 1873, with a loaded wagon. About sunset his wagon broke down, and he put bis load out of the road on the west side, and the wagon body on the east, leaving no part of the load or wagon within the limits of the wrought or traveled part of the road. The road was about twenty feet wide from ditch to…
1Opinion of the CourtPeters, J.
The body of a common riding wagon was left on the side of the road, laid up edgewise against some bushes, being within the limits of the road, but entirely outside of the traveled track. The plaintiffs’ horse took fright at it, and an injury was caused thereby. Whether that was an incumbrance sufficient to *404render the town liable for a defect in the highway, is the precise question presented..
It is difficult to determine what would be, and what would not be, a defect that would render a town responsible in damages for an injury received upon a highway. It may be a question of law or of fact,…
2Cited by6 opinions
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- Barrett v. Town of WalworthNew York Supreme Court · 1892
- Rozell v. Northern Pacific Railway Co.North Dakota Supreme Court · 1917
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