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Davis, Adm'R v. Rumney
June 1, 1890 - Opinion
Case records
Open case page| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| June 1, 1890 | Davis, Adm'R, v. Rumney Current page | Opinion | Supreme Court | Reporter |
GRAFTON.
Davis, Adm'r, v. Rumney.
The act of 1887 (c. 71), relating to liability “ when the death of a person is caused by a wrongful act or neglect of another,” is applicable to a defect of a highway caused by the neglect of a town, by reason of which a traveller is killed.
Case, upon Gen. Laws, c. 75, s. 1, and Laws 1887, c. 71, for neglect, causing a defect in a highway, by reason of which the plaintiff’s intestate, a traveller, was thrown from his carriage and killed, in April, 1889. The defendants demurred, contending that the act of 1887 was not applicable to towns.
Burleigh & Adams and D. Barnard, for the plaintiff,
E. Aldrich and I. W. Drew, for the defendants.
Doe, C. J.
Demurrer overruled.
Carpenter, J., did not sit: the others concurred.