Monroe v. Connecticut River Lumber Co.
Supreme Court of New Hampshire
Case. The declaration alleged, in substance, that the defendants, Van Dyke and McFarland, in June, 1884, negligently repaired and in part rebuilt a dam owned by them on the Connecticut river; that Van Dyke sold Ms interest to the Connecticut River Lumber Company in 1885, but has since been the president and general manager of the company, and as such has had control, management, and supervision of the dam, which has ever since been negligently kept and maintained by the…
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Case. The declaration alleged, in substance, that the defendants, Van Dyke and McFarland, in June, 1884, negligently repaired and in part rebuilt a dam owned by them on the Connecticut river; that Van Dyke sold Ms interest to the Connecticut River Lumber Company in 1885, but has since been the president and general manager of the company, and as such has had control, management, and supervision of the dam, which has ever since been negligently kept and maintained by the defendants; that in May, 1888, the defendant company negligently ran a large number of logs over the dam, Van Dyke directing…
1Opinion of the CourtBlodgett, J.
The demurrer was rightly overruled. It is useless at this day and in this jurisdiction to discuss the proposition that towns have not such an interest in the highways within their limits as to enable them to maintain an action upon the case for their destruction or obstruction; and the verdict, holding one of the defendants liable and acquitting the others, renders it equally useless to discuss the question of misjoinder.
The jury having been properly instructed that the previous statements of the witness Waite could be considered by them only as bearing upon his credibility, the defendants…
2Cited by7 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Town of Bedford v. United StatesCourt of Appeals for the First Circuit · 1927
- Dye v. BurdickSupreme Court of Arkansas · 1977
- Springfield Gas Co. v. HermanOhio Court of Appeals · 1933
- Struble v. Republic Motor Truck Co.Michigan Supreme Court · 1921
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