Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 65

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 65

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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. 1876 edition. Excerpt: ... for the purposes for which it is fit," and to do so is not negligence; and the mere fact that the plaintifi' turned his horse on his own land, knowing it to be unfenced, is not evidence of negligence. Shear. & Reduon Neg., 471. Shepard v. Bufalo R. R., 35 N. Y., 641, (overrules the cases in Barb.) Rogers v. Newburyport R. R., 1 Allen, 16. Gardner v. Smit/1., 7 Mich., 410, 420. McCoy v. Cal. Pac. R. R., 40 Oal., 532. 6 Amr. R., 623. St. Louis R. R. v. Todd, 36 Il1., 409. A. Libbey, in reply. On the point of contributive negligence, he contended that the instructions of the presiding justice did not present the correct rule of law applicable to the case. There was no controversy as to the facts, as to the condition of the road, its situation and manner of construction, the situation of the lot and mill yard, the number of trains and the times they passed the mill, the want of a fence, and the acts of the plaintiff in turning his horse loose. The presiding judge should have held as matter of law, that the facts not disputed did not prove due care on the part of the plaintifi'. Lewis v. B. cf: O. R. R. Company, in court of appeals. VV. D., reported in Am. L. Reg. Mag., 1874, p. 284, and cases cited in note by F. R. Eames v. Salem cfi L. R. R. Uo., 98 Mass, 560. Gilman v. Deer-field, 15 Gray, 577. DIOKERSON, J. The statute requiring railroad corporations to iuclose the land taken for their road with fences, is a police regulation, designed to secure the safety of the public travel and transportation, and is obligatory, as such, upon all railroad corporations whether chartered before or after its passage. State v. Noyes, 47 Maine, 189. Ind, &c., Railway v. Townsend, 10 Ind., 38. 1 Red. on Railways, 493 and 494....
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Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • United States
  • English
  • black & white illustrations
  • 1236957032
  • 9781236957030