Spalding v. Merrimack
Supreme Court of New Hampshire
Case, against a town, for an injury resulting from an alleged" defect in a highway. Verdict for the defendants. The plaintiff’s evidence tended to show that water running down the road had worn through the ice and snow, forming a gully six or eight inches wide, eight or ten inches deep, and two or three rods long, and that his horse’s foot was caught in the gully, thereby causing the injury complained of, The defendants denied the existence ■of the gully, and contended that…
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Case, against a town, for an injury resulting from an alleged" defect in a highway. Verdict for the defendants. The plaintiff’s evidence tended to show that water running down the road had worn through the ice and snow, forming a gully six or eight inches wide, eight or ten inches deep, and two or three rods long, and that his horse’s foot was caught in the gully, thereby causing the injury complained of, The defendants denied the existence ■of the gully, and contended that if it existed it was so recent that they had and could have had no knowledge of its existence, or reasonable opportunity…
1Opinion of the CourtBlodgett, J.
The obvious tendency of the testimony objected to was to discredit Hill, and as such no reason is perceived why it was not properly admitted. But if it was improperly admitted, no ground for a new trial is presented. The question how far the admission of evidence upon collateral issues should be carried for the purpose of disparaging a witness is one of fact, to be determined at the trial term, and is not subject to revision, whether the evidence is admitted or excluded. Perkins v. Towle, 59 N. H. 583, 585, and cases cited; Gibbs v. Parsons, 64 N. H. 66, 68.
Exceptions overruled.
Carpenter, J.,…
2Cases cited2 opinions
- Perkins v. TowleSupreme Court of New Hampshire · 1880
- Gibbs v. ParsonsSupreme Court of New Hampshire · 1886
3Cited by2 opinions
- Challis v. LakeSupreme Court of New Hampshire · 1901
- Willard v. SullivanSupreme Court of New Hampshire · 1898