Lyons v. Child
Supreme Court of New Hampshire
Trespass, for breaking the plaintiff’s wagon by driving the defendant’s wagon against it. Plea, the general issue. Facts found by a referee. On a dark night the defendants, riding in a wagon in a highway, met two daughters of the plaintiff riding in Lis wagon. The daughters, hearing a carriage approaching, turned to the right of the centre of the travelled part of the road, and stopped.
Read the full summary
Trespass, for breaking the plaintiff’s wagon by driving the defendant’s wagon against it. Plea, the general issue. Facts found by a referee. On a dark night the defendants, riding in a wagon in a highway, met two daughters of the plaintiff riding in Lis wagon. The daughters, hearing a carriage approaching, turned to the right of the centre of the travelled part of the road, and stopped. Their horse had been walking and their team was not heard, and on account of the darkness was not seen by the defendants, who did not turn out because they were not aware of the presence of the plaintiff’s…
1Opinion of the CourtDoe, C. J.
If a plea of accident (absence of negligence and fault) was necessary, the plaintiff by silence waived objection at the trial when an amendment of the pleadings could have been offered. All the facts were found by the referee upon a full trial of the question of negligence, as if that question was presented by the record. From the plaintiff’s silence the defendants could fairly infer, and they could fairly act upon the inference, that the admissibility of their defence under the general issue was not contested. The objection, that the evidence of the defendants’ exercise of due care is…
2Cases cited1 opinion
- Strouse v. WhittleseySupreme Court of Connecticut · 1874
3Cited by7 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- State v. MilletteSupreme Court of New Hampshire · 1972
- Page v. BrooksSupreme Court of New Hampshire · 1918
- Bowdler v. St. Johnsbury Trucking Co.Supreme Court of New Hampshire · 1937
- Steeves v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1942
2 more not listed; retrieve them via the Exa API.