Hubbard v. And.
Supreme Judicial Court of Maine
Ok Exceptions from Nisi Prius, Rice, J., presiding, Trespass quare clausum. The defendants’ railroad passed in the vicinity of the plaintiff’s premises; and the latter proved that the defendants had dug* down and widened the wrought part of the highway, between their location on the west, and Ms tavern house on tho east, and had thereby rendered difficult the access from the highway to his house. There was some evidence tending to show a breach of plaintiff’s close.
Read the full summary
Ok Exceptions from Nisi Prius, Rice, J., presiding, Trespass quare clausum. The defendants’ railroad passed in the vicinity of the plaintiff’s premises; and the latter proved that the defendants had dug* down and widened the wrought part of the highway, between their location on the west, and Ms tavern house on tho east, and had thereby rendered difficult the access from the highway to his house. There was some evidence tending to show a breach of plaintiff’s close. The plaintiff also proved, that on two occasions the carriages of travelers had been upset in attempting to pass from the…
1Opinion of the CourtAppleton, J.
— The condition of the road, as left by the defendants, was a matter for the consideration of the jury. That condition was to be ascertained from tho testimony of witnesses. If the fact, that one or more persons had been upset iu driving over the road in question, were to be regarded as admissible in evidence, then it would necessarily be proper to receive testimony to show that the accidents which may have occurred, were tho results of carelessness or negligence on tho part of those sustaining the injuries of which complaint is made. It would be equally *508proper to show the number of carriages…
2Cited by9 opinions
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Moore v. City of RichmondSupreme Court of Virginia · 1888
- Parker v. Portland Publishing Co.Supreme Judicial Court of Maine · 1879
- Diamond Rubber Co. v. HarrymanSupreme Court of Colorado · 1907
- Antel v. PoliSupreme Court of Connecticut · 1923
4 more not listed; retrieve them via the Exa API.