Supreme Judicial Court of Maine, 1884

Frazer v. Inhabitants of Lewiston

Supreme Judicial Court of Maine · Decided December 18, 1884 · Emery, Haskell, Llbbey, Peters, Virgin, Walton

76 Me. 531; 1884 Me. LEXIS 113

Cases that cite this one

1 later published case cites this decision.

State v. Cooke (Conn. 1930)

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Opinion of the Court

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.

*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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.