Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-01-30
The Personal Damages Law.

To the Editor Of the hennsbec Journal.
Will you kindly allow me to thank through
your columns Senator Vinton and others of the
Legislature for efforts towards repeating that un-
reasonable statute which places towns at the mercy
OF persons who happen to stumble or slip and fall
on sidewalk, and receive bodily injuries either
real or Imaginary. The present law works great
wrong towards towns and cities curious as il
may seem nearly all Of the suits brought under it
are for injuries claimed to have been received
not on bad roads or bad walks-but uniformly
on the very best and safest roads and walks.
public way may be kept in an exceptionally
excellent condition, but nevertheless has in one
spot trivial inequality or patch of ice; a
person unused to walking, OF IN, or blinded
with a thick veil, lame, or lazy and careless,
falls upon the inequality or ice patch, al straight
way the town is sued for five or ten thousand dol
lars, and through the eloquence Of the lawyer and
the injustice Of the statute the way is gravey de-
clded to be defective" and the taxpayers of the
unfortunate town have to pay fancy sum 10 con-
sequence.
The average attorney, knowing how compare
lively easy il is to obtain verdicts against town.
and cities, is prone to yield to the temptation to
advise and undertake such suits | am credibly
Informed that there are reputable ATTORNEYS who
20 canvassing for such cases, and take them when
they can get them, at shares or at the halves, the
plaintiff ihcurriDg neither expense nor trouble ex-
cept to pretend, when the case is before the jury,
to have been greatly injured.
These, Mr.. Editor, are not imaginary cases but
real instances Of the practical results of the law
And may truthfully add that hardly any case is
SO destitute OF plausibiity that lawyer cannot be
found to take his chances with it before jury
these hard times l do not call in question the
high character Of our Maine lawyers as class
but merely to show that the law in question af-
fords them all great temptation and advantage in
the matter Of prosecuting suits against towns for
alleged personal injuries to clients.
law that affords such temptation to cupidity
not oniY to lawyers but to clients as well, is man.
ifesly unjust. The towns are at an infinite disad
vantage. Every town in the State is liable every
hour OF every day, not excepting the Sabbath, to
be sued Tor damages for somebody falling down,
no matter how well-kept and safe the walk or road
may be where the accident may have happened.
Add the chances are ten to one that the
town must suffer in the verdict. On az.
count Of the ease with which such Gases
are brought and decided against towns there
are town officers of my acquaintance who
Invariably settle with parties as soon as an "in-
jury ID made known to them, rather than wait for
q more costly settlement with the attorney. Many
C ses are settled this way, and never reach court
d. not believe the people of the State realize the
capacity Of the present law for mischief
I have given, Mr.. Editor. in this letter, only
glance at the workings of the law. conld cite