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Burton Stride v. Portland Water District

Supreme Judicial Court of Maine. York County
Apr 8, 1935
178 A. 124 (Me. 1935)

Summary

upholding jury verdict against defendant where plaintiff-driver drove over ice caused by a break in water mains and injured himself and his passenger wife

Summary of this case from Quigley v. United States

Opinion

Decided April 8, 1935.

Waterhouse, Titcomb Siddall, for plaintiff. David E. Moulton, for defendant.


Action of tort. Verdict for the plaintiff with reasonable assessment of damages. General motion for a new trial on the usual grounds.

As the plaintiff, accompanied by his wife, drove his automobile along St. John Street in Portland in the late evening of December 9, 1933, he suddenly came upon a strip of slush and ice several hundred feet long, lost control of his car, skidded and crashed through a fence across the sidewalk. Both he and his wife suffered personal injuries and his automobile was badly damaged.

It is admitted that the icy condition of the street was due to a break in a lead connection in the mains of the defendant Corporation. The negligence charged is a failure to properly guard the break and ice and give travellers lawfully on the highway due warning of its dangerous condition. The contributory negligence of the plaintiff is directly in issue.

The case presents simple questions of fact and the record discloses sufficient apparently credible evidence to justify the jury in finding negligence on the part of the defendant and the exercise of ordinary care by the plaintiff. The verdict is not so manifestly wrong as to warrant setting it aside. Motion overruled.


Summaries of

Burton Stride v. Portland Water District

Supreme Judicial Court of Maine. York County
Apr 8, 1935
178 A. 124 (Me. 1935)

upholding jury verdict against defendant where plaintiff-driver drove over ice caused by a break in water mains and injured himself and his passenger wife

Summary of this case from Quigley v. United States
Case details for

Burton Stride v. Portland Water District

Case Details

Full title:J. BURTON STRIDE vs. PORTLAND WATER DISTRICT

Court:Supreme Judicial Court of Maine. York County

Date published: Apr 8, 1935

Citations

178 A. 124 (Me. 1935)
133 Me. 516

Citing Cases

Quigley v. United States

Although Maryland courts have not yet faced a set of facts similar to the present one, other jurisdictions…