Scott v. Simons
Supreme Court of New Hampshire
Case, by Scott & Jewell against Hiram Simons and others. The substance of the declaration, so far as it relates to questions considered in the opinion of the court, is, that, on July 8,1870, the defendants were the owners of Mercantile block, situated on the corner of Concord and Elm streets in Manchester, and on that day the plaintiffs, by an agreement with the defendants, in consideration of $21 per month, to be paid monthly in advance as rent, became the rightful and…
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Case, by Scott & Jewell against Hiram Simons and others. The substance of the declaration, so far as it relates to questions considered in the opinion of the court, is, that, on July 8,1870, the defendants were the owners of Mercantile block, situated on the corner of Concord and Elm streets in Manchester, and on that day the plaintiffs, by an agreement with the defendants, in consideration of $21 per month, to be paid monthly in advance as rent, became the rightful and legal occupants of a certain cellar in the basement of said block, to be occupied by them as a grocery store and meat shop…
1Opinion of the CourtHibbard, J.
I. The plaintiffs in this case claim to recover damages occasioned through the negligence of the defendants in improperly constructing a drain upon premises leased by the plaintiffs of the defendants, and in suffering it to remain defective. If, by reason of the faulty construction of the drain by the defendants, the plaintiffs, without fault on their part, were injured, the defendants are liable. Alston v. Grant, 3 El. and Bl. 128 (77 E. C. L. 127). And it has been held that this is equally so where the party injured is a stranger. Payne v. Rogers, 2 H. Bl. 350; Godley v. Hagerty, 20 Pa. St.…
2Cases cited7 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Doupe v. . GeninNew York Court of Appeals · 1871
- Howard v. DoolittleThe Superior Court of New York City · 1854
- Brewster v. DeFremeryCalifornia Supreme Court · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sargent v. RossSupreme Court of New Hampshire · 1973