DUGAN v. CITY OF PORTLAND


174 A.2d 660 (1961)

Annie E. DUGAN v. CITY OF PORTLAND.

Supreme Judicial Court of Maine.

November 3, 1961.


Attorney(s) appearing for the Case

Julian G. Hubbard, Portland, for plaintiff.

Robert W. Donovan, Asst. Corp. Counsel, Portland, for defendant.

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


WEBBER, Justice.

Plaintiff appeals from dismissal of her complaint. She alleged that she tripped over spikes protruding from a railroad tie used as a retaining wall in a sidewalk maintained by the defendant municipal corporation. She alleges that this condition constituted a nuisance and seeks recovery under the nuisance statute. R.S.Ch. 141, Sec. 6.

R.S.Ch. 96, Sec. 89 provides a remedy for one situated as was this plaintiff. The statute provides in part...

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