Cook v. New Durham
Supreme Court of New Hampshire
Case, for injury on a highway. Verdict for the defendants. The jury had a view. The plaintiff claims that she was injured in the night-time of September 27,1885, by being precipitated, with her horse and carriage, over a bank which was not, but ought to have been, protected by a railing.
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Case, for injury on a highway. Verdict for the defendants. The jury had a view. The plaintiff claims that she was injured in the night-time of September 27,1885, by being precipitated, with her horse and carriage, over a bank which was not, but ought to have been, protected by a railing. She offered to show by one witness that he drove over the same bank in the night, four or five years before, and injured his wagon; and by another, that he drove off the bank in the night at the same place, in November, 1885. There was no dispute in respect to the condition of the highway at the time of the…
1Opinion of the CourtBlodgett, J.
Upon that branch of the case to which the excluded evidence more directly related, the question of fact was, whether the highway ought to have been protected by a railing. Holding the affirmative of this question, it was both the right and the duty of the plaintiff to establish it by proofs which either immediately or mediately might tend to satisfy the jury of its truth; and as truths differ, the proofs adapted to them differ also.
From the nature of the case itself, one of the plaintiff’s proofs necessarily was, that the want of a railing rendered the highway unsuitable for the travel…
2Cases cited2 opinions
- Nutter v. Boston & Maine RailroadSupreme Court of New Hampshire · 1881
- Watson v. TwomblySupreme Court of New Hampshire · 1881
3Cited by14 opinions
- Klatz v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Whitcher v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
- Beckley v. AlexanderSupreme Court of New Hampshire · 1914
- Taylor v. Northern States Power Co.Supreme Court of Minnesota · 1934
- Dow v. WeareSupreme Court of New Hampshire · 1895
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