McClain v. Caribou Nat. Rank
| Decision Date | 08 November 1905 |
| Citation | 62 A. 144,100 Me. 437 |
| Parties | McCLAIN v. CARIBOU NAT. RANK. |
| Court | Maine Supreme Court |
Action by Carrie McClain against the Caribou National Bank.
Action on the case to recover damages for personal injuries sustained by the plaintiff, and caused by the alleged negligence of the defendant. Plea, the general issue. Verdict for plaintiff for $2,500. Defendant filed a general motion for a new trial, and also excepted to certain rulings made by the presiding justice. Sustained.
Argued before EMERY, STROUT, SAVAGE, and PEABODY, JJ.
Ira G. Horsey and Geo. II. Smith, for plaintiff. Louis C. Stearns and Wm. P. Allen, for defendant.
In 1903 defendant erected a building in Caribou, on the corner of Washburn avenue and Vaughan avenue. October 24, 1903, the walls were up and roofed in, but the structure was not ready for occupation. It was the plan to have on three sides of the building a concrete walk about 8 feet wide. On the east side, on Vaughan avenue, the walk had been completed, and also on the north side; but on the south side, facing Washburn avenue, a curb had been put in upon defendant's land adjoining the avenue, and dirt filled in between that and the building, up to within about 4 inches of the top of the curbing—that space being left for the concrete, that was to be filled in later. About 17 feet from the southeast corner of the building, on Washburn avenue, in this walk, was a rollway to the cellar of the building, about 12 feet long, 5 feet wide, and 5 or 6 feet deep.
On the night of October 24th, or early morning of the 25th, plaintiff, while going to a fire, fell into this rollway, which was uncovered and without protection of any kind, and was injured, and this suit is to recover damages for that injury. Plaintiff had a verdict, and the case is here upon motion to set the verdict aside and on exceptions.
The walk on Washburn avenue was not only in the unfinished condition above stated, but at the southeast corner, next to Vaughan avenue, 300 or 400 bricks were piled upon it next to the building; on the curb was a pile of lumber about two feet high, in two tiers, and between them some barrels, which left only a space of about two feet to pass from Vaughan avenue onto the walk. The lumber was some 20 feet long, and extended to the rollway, but did not cover it. At the westerly end of the walk there were a large number of barrels and carpenters' horses and other débris, which nearly or quite prevented access to the...
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Costello v. Farmers' Bank of Golden Valley
... ... Kirby, 180 Mass. 504, 62 ... N.E. 968, 11 Am. Neg. Rep. 261; McClain v. Caribou Nat ... Bank, 100 Me. 437, 62 A. 144; Zoebisch v ... ...
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...them to do so. It is claimed in the defendant's brief that the cases of Dixon v. Swift, 98 Me. 207, 56 A. 761, and McClain v. Caribou National Bank, 100 Me. 437, 62 A. 144, are determinative upon the point. The first of these cases, however, was before the court upon report, which made it t......
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...even on a city sidewalk. Witham v. City of Portland, 72 Me. 539; Raymond v. City of Lowell, 6 Cush., Mass., 524, 533; McClain v. Caribou Nat. Bank, 100 Me. 437, 62 A. 144. One who steps backward without paying attention to where she is stepping is not in the exercise of due and reasonable c......
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