Frazer v. Inhabitants of Lewiston

Supreme Judicial Court of Maine

Frazer v. Inhabitants of Lewiston

76 Me. 531, 1884 Me. LEXIS 113

CourtSupreme Judicial Court of Maine

DecidedDecember 18, 1884

StatusPublished

Cited by1 cases

This text of 76 Me. 531 (Frazer v. Inhabitants of Lewiston) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frazer v. Inhabitants of Lewiston, 76 Me. 531, 1884 Me. LEXIS 113 (Me. 1884).

Pincite

Opinion

Haskell, J.

This is an action on the case against Lewiston, brought by the father to recover damages for the loss of the life of his minor son, caused by a defective and unsafe street.

Towns are liable for damages suffered from defective public ways, only, when an action is given by statute. Mitchell v. The City of Rockland, 52 Maine, 118 ; Mower v. Leicester, 9 Mass. 247; Sawyer v. Inhbts. of Northfield, 7 Cush. 490.

[532]*532R. S., c. 18, sec. 80, gives such action to the executor or ¡administrator of the person whose life has been lost through such (defect, but does not give the father such remedy; nor does the ¡action accrue or survive to him, either at common law, or by ¡statute.

Exceptions sustained. Declaration adjudged had,

Peters, C. J., Walton, Virgin, Llbbey and Emery, JJ., «concurred.

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