Anderson v. City of Bath
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, May, J., presiding. This was an action to recover damages for an injury alleged to have been received by the plaintiff, in consequence of an obstruction in a public street. The points involved in the case are stated in the opinion of the Court. The verdict was for the plaintiff, and the defendants filed exceptions to certain rulings of the presiding Judge.
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On Exceptions from Nisi Prius, May, J., presiding. This was an action to recover damages for an injury alleged to have been received by the plaintiff, in consequence of an obstruction in a public street. The points involved in the case are stated in the opinion of the Court. The verdict was for the plaintiff, and the defendants filed exceptions to certain rulings of the presiding Judge. They also moved that the verdict be set aside and a new trial granted for the reasons, (1,) that the verdict was against law; (2,) against the evidence and the weight of the evidence; and (3,) because the…
1Opinion of the CourtTenney, C. J.
The counsel for the defence requested the presiding Judge, among other things, to instruct the jury, “ that if the injury was occasioned by inevitable accident arising from defect in the harness, as by which defect, contributing in combination with defects in the street or streets, the plaintiff cannot recover; that this would be so, although the plaintiff had no knowledge of such deficiency of harness, and was in no fault for the want of such knowledge.”
If there was evidence, tending to show such a state of facts, as the request supposes, and they would in law prevent a recovery by the…
2Cited by4 opinions
- Schaeffer v. Jackson TownshipSupreme Court of Pennsylvania · 1892
- Dixon v. AhernNevada Supreme Court · 1887
- Merrill v. PortlandU.S. Circuit Court for the District of Maine · 1870
- Newton v. WeaverSupreme Court of Rhode Island · 1882