Maine Reports Volume 102

Maine Reports Volume 102

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...Benton Falls at one time 'an ice gorge existed occasioninga rise of water so high as to overflow the electric road and intervales. This class of evidence, if submitted to the jury, should not have the effect in the mind of the court, if it did in that of the jury, of overcoming the testimony of numerous witnesses who lived in the vicinity of, and many in close proximity to, the bridge that was carried away, the exact point of inquiry, whose evidence certainly tends to show that the freshet at this point, taken in connection with the floating mass of ice was under the rule of law already laid down in 99 Maine, unprecedented, and of such a character that the defendant should not be legally held to have anticipated its occurrence. It is not our purpose to review all this testimony. It is from the plaintiffs' own witnesses, and we think a fair conclusion from the summary of all of it brings the decision of this case within the rule above stated. The defendant is certainly entitled to have its rights tested upon inferences drawn from the plaintiffs' witnesses, who had the best opportunity to know and the intelligence to comprehend the situation and conditions surrounding the negligence with which it is charged. We have read the testimony of all the witnesses and we find that Thomas F. French is a good representative of this class. He was a resident of Palmyra and lived about fifty rods west of the bridge at the time of the freshet. His testimony satisfies us that the freshet of April 10, 1901, was the highest since 1887. While he testifies that he has seen the water run over the road at the ends of the bridge two or three times, yet he says it would not come within a foot or fifteen inches of the bridge. In answer to more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236823575
  • 9781236823571