Oakes v. Thornton
Superior Court of New Hampshire
Case, for an injury alleged to have been sustained by the plaintiff, through a defect in a certain highway in the town of Thornton, in March, 1851. The plaintiff, in the first instance, showed that he was at the inn of one Barley, in said Thornton, on or about the 15th day of said March, 1851, with a traverse sled, loaded and drawn by four horses; that he started on his way towards Plymouth, and that in a short time he was seen returning towards said inn, much injured, from…
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Case, for an injury alleged to have been sustained by the plaintiff, through a defect in a certain highway in the town of Thornton, in March, 1851. The plaintiff, in the first instance, showed that he was at the inn of one Barley, in said Thornton, on or about the 15th day of said March, 1851, with a traverse sled, loaded and drawn by four horses; that he started on his way towards Plymouth, and that in a short time he was seen returning towards said inn, much injured, from some cause ; that he was first seen in that condition between said inn and a certain bridge, at the end of which the…
1Opinion of the CourtWoods, J.
The only question in the case arises upon the ruling of the court, refusing to nonsuit the plaintiff’.
In deciding this point, we shall not stop to inquire whether at the time the motion for a nonsuit was made, there was or not sufficient ground to sustain it, if the defendants had seen fit to rest the case upon the exception taken to the ruling. The defendants did not pursue that course, but proceeded and laid before the jury, as the case finds, competent evidence, to enable the jury to infer that the highway was defective, and that the alleged injury resulted from the defect. The course…
2Cases cited1 opinion
- Hoyt v. Gelston & SchenckNew York Supreme Court · 1816
3Cited by1 opinion
- Fletcher v. ThompsonSupreme Court of New Hampshire · 1875