Inhabitants of Veazie v. Penobscot Railroad
Supreme Judicial Court of Maine
On Eeport. Case to recover damages of the defendants for constructing their railroad across a highway, which the plaintiffs are bound to keep in repair, in such a manner as to render such way unsafe and dangerous for travellers thereon. The case and the evidence, (so far as it relates to the questions of law raised,) are sufficiently stated in the opinion. 1. The judgment, Phillips v. plaintiffs, was admissible only to show the fact of its rendition..
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On Eeport. Case to recover damages of the defendants for constructing their railroad across a highway, which the plaintiffs are bound to keep in repair, in such a manner as to render such way unsafe and dangerous for travellers thereon. The case and the evidence, (so far as it relates to the questions of law raised,) are sufficiently stated in the opinion. 1. The judgment, Phillips v. plaintiffs, was admissible only to show the fact of its rendition.. For any other purpose, it is evidence only against parties or privies. Sargent v. Salmond, 27 Maine, 539 ; Trustees 'of P. F. School v. Fisher,…
1Opinion of the Court
The opinion of the Court was drawn up by
Kent, J.
The plaintiffs claim to recover of the defendants damages which they allege they have sustained by reason of the acts of the defendants, in causing a deep cut to be made in a highway in the town of Yeazie. The first ground of damage is, the amount which the town has been compelled to pay to one Phillips, and the cost and expenses of defending a suit instituted by him against the plaintiffp, as primarily liable for the injuries caused by the defect. The second ground of damage is, the injury sustained by the towm by the digging down, and the cost…
2Cases cited3 opinions
- Willard v. Town of NewburySupreme Court of Vermont · 1850
- Jackson ex dem. Vredenburgh v. MarshNew York Supreme Court · 1830
- Town of Duxbury v. Vermont Central RailroadSupreme Court of Vermont · 1854
3Cited by24 opinions
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- North Chicago Street Railroad v. DudgeonIllinois Supreme Court · 1900
- Cyr v. MichaudSupreme Judicial Court of Maine · 1983
- Grothe Ex Rel. Grothe v. ShafferSupreme Court of Minnesota · 1975
- 21 Fed. R. Evid. Serv. 631, prod.liab.rep.(cch)p 11,207 Rita Koonce v. Quaker Safety Products & Manufacturing Company, and Delaware Valley Safeguards Company, Inc.Court of Appeals for the Fifth Circuit · 1986
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