DANIEL v. MORENCY


165 A.2d 64 (1960)

Blanche DANIEL v. Ernest MORENCY.

Supreme Judicial Court of Maine.

September 9, 1960.


Attorney(s) appearing for the Case

Marshall & Raymond, Lewiston, for plaintiff.

Desmond & Mahoney, Portland, for defendant.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN and SIDDALL, JJ.


SULLIVAN, Justice.

This is an action on the case instituted on October 30, A.D. 1958 by the plaintiff for her bodily injuries and other special damage arising from a public nuisance. Restatement of The Law, Torts, Chapter 40, Page 218, Introductory Note; R.S. c. 141, §§ 6, 18; Smith v. Preston, 104 Me. 156, 162, 71 A. 653.

Defendant was a garage proprietor. In the public sidewalk in front of his place of business he maintained a gasoline pump. To...

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