Year: 1869

Verdicts usainst Towns.


1t IS evident that corporations stand but a
poor chance with Maine juries. They seem to
belong to the category,who have no friends, and
whom it is fair to hit, whether they are up or
down. Heavy yerdicts for damages, which OF
course they do not feel. not having souls; have
lately excited the sensibiities ofpersons having
souls wherein to hold sensibilities


But let corporations go. They have their
retaliations upon the individual public, and in
the long run can take ample care of themselves,
The case of towns is harder one. They do
not enjoy lucrative franchises, for which the
people pay, and every citizen has the interest
of tax payer that they have fair play.


So far as the recent heavy verdicts awarded
in this county and elsewhere for injuries result
ing from defective ways tend to make town
officers more ygilant and efficient, and the
public highways more safe and convenient,
they are wholesome Not only is the mulcted
town taught emphatically and by dear expe-
rence. but all other towns are publicly warned
that the duty of making and maintaining good
roads is one not to be sighted or postponed.


But on the other hand nothing more than a
reasonable diligence should be exacted I'm
doubtedly the great majority of highway sur
veyors in this State, when they have completed
their annual repairs of the roads through their
respective towns. judge in good faith that they
are safe and convenient. But their Judgment,
however intelligent and honest, is liable to be
revised by twelve men, who have never seen
the road, and whose Judgment perhaps is affect
cd by random opinions, or as to measurement
bulk and form, OF interested witnesses, by sym
pathy for poor woman, who has been perma-
nently crippled.


The modes, by which accidents may be
caused, arc as multiform as the possible
combinations of numbers. This smooth road
may tomorrow subside into hollow in
which horse may break his leg or develop
a stone, against which wheel may be brok-
en-. For miles it is possible that team
might back down declivity for want of a side
rail, and the very rotundity of the road-bed and
completeness of the bitches may overturn ave-
hicle The hardship of the situation for towns
is, that, intending to do their duty, really be-
licving they have done it, they can never know
beforehand that road, which they suppose
they have made safe, is really SO, and they are
compelled to become the insurers against all
accidents happening on their roads or near
their roads. The first warning or knowledge
they have that culvert or bridge or small
bedded stone, or an unrailed bridge or cause
way, or a stump or log by the roadside, is
dangerous, is a stunning verdict Of several
thousand dollars for a paralyzed arm or a
broken collar bone. You may perambulate the
roads in Maine and not find mile of them,
wherein it is not possible to conjecture that
some kind Of an accident might occur to
traveller.


To provide against every imaginable csntin-
gency is clearly beyond human industry and
ingenuity. Towns, if they are TO be held to an
absolute guaranty against accident, must pro-
vide themselves with fund raised by taxation
out of which indemnties are to be paid


Now it seems to MS that this question of the
sufficiency of highways, when put and kept
in their ordinary condition of repair, ought to
be allowed to be referred to some board of Of
fcers to determine, disconnected with the
prejudices and interests of any lawsuit, and
that when SO determined town should be ex-
empt from all claims for damages for a condi-
tion ofits roads unless such condition is shown
to be worse than when reported upon by such
board


Let it be provided by law that the County
Commissioners on the requirement and at the
expense Of any town within the county shall
examine the public roads in such town, and if
found to be in a safe and convenient condition,
shall SO report and enter their proceedings on
record. If not found safe and in good repair
they shall prescribe what alterations and re-
pairs are needed, and when these have been
made to their satisfaction, shall make like
report as to the condition of such roads. When
the Commissioners have thus reported, as to
the condition of the roads in any town, such
town shall not be liable for any injury on ac-
count of a defect in such roads for five years
next after such examination and report, un-
less the person bringing action for such in
jury, shall show such defect to have arisen
after such examination, and by reason of the
previous good condition of the road not being
maintained.


This would insure a town against suits for
all long-standing conditions, snch as lodges.
steep hills, bridges, causeways and slopes not
rallied, and stumps, rocks or holes outside of
the travelled path in fine, against about half
of the kind of suits that are brought against
towns.


OF course the town would remain liable to
indemnity against accidents caused by snow
storms, freshets, and frosts, for distractions
left or placed upon the roads and not removed
after notice. But such liabilities would rarely
occur if it were likewise enacted, that 1t
shall be the duty of any taxpayer, in any
J,,,o 1aJr hot brI
or way for the repair of which such town is
liable, has become suddenly unsafe or incon
venient, by the effects of any freshet, storm or
frost or otherwise, Immediately to repair such
defect, provided it can be done by labor alone
within half day, or to give notice to the
overseer of highways of the district Or the Sc
selectmen Of the town of such defect, and any
person having such knowledge and neglecting
to make such repairs or give such notice shall
be liable to penalty of twenty dollars.


By throwing out stone or slab, or putting
three shovels full of earth in a hole over eul-
vert many accidents might be prevented and
thousands of dollars saved by the tax payers
The safety of the public and of towns would
be reasonably provided for if the law should
further provide: That during the continu-
ance of any freshet, rain or snow storm, where-
by any road had been rendered unsafe, or
while any defective condition of any road
could not be repaired or was undergoing re-
pairs, the selectmen or overseers of the high
way, may give notice by printed signboard
or placard, that such road, describing its ter
mini, was dangerous, and after the placing of
such notice, and in all cases, town shall
not be liable on account of sudden injuries to
any road or bridge until after the necessary
time after the knowledge of such Injury, and
the cessation of such storm or freshet to make
the required repairs.


Secretary BoutwelI's PsIicy.


1t is too soon perhaps to determine what eff