Evidence-Wellborn SU2006 Outline

Filed a complaint against town of kennebunkport

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: evidence about naturally occurring similar accidents] Facts/Procedural Posture: Irene Simon broke her hip when she fell while walking on the sidewalk. Filed a complaint against town of Kennebunkport alleging that her injury was proximately caused by a defect in the design or construction of the sidewalk. Judgment was entered for appellee. Simon contends that the presiding justice erred in excluding evidence, offered to establish the condition of the sidewalk, that during the two years prior to the accident many other persons stumbled or fell at the location. o Maine had general common law rule that such evidence is relevant but tends to draw away the minds of the jury from the point in issue (negligence of the defendant at the time and place of the accident) and to excite prejudice and mislead them. Issue: Should the evidence that many other people have fallen there been excluded? Holding: The evidence should not have been excluded. Maine has adopted new rules (since common laws) and since the ru...
View Full Document

This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

Ask a homework question - tutors are online