Larrabee v. Inhabitants of Searsport
Supreme Judicial Court of Maine
Larrabee v. Inhabitants of Searsport, 42 Me. 202 (Me. 1856)
Appleton, Goodenow, Hathaway, Rice, Tenney
Larrabee v. Inhabitants of Searsport
Opinion of the Court
The admission of notice was made in the progress of the cause and must be regarded as conclusive upon the party by whom it was made. Notice, and reasonable notice, meant, and were intended to mean, one and the same thing, else the admission was without meaning. The fact of notice having been admitted, it ceased to be a question in issue before the jury. Under the instructions given, the jury may have found, that the defendants had no notice of the defect by which the injury is alleged to have been occasioned, and, if so, they have found against the admissions of the counsel by
Exceptions sustained and New trial granted.
Reference
- Full Case Name
- Job Larrabee versus Inhabitants of Searsport
- Status
- Published