Hendry v. North Hampton
Supreme Court of New Hampshire
Petition, under section 8, chapter 76, of the Public Statutes, to be allowed to file the statement required by section 7 of the same chapter. Facts found, and case transferred from the January term, 1901, of the supreme court, by Young, J. • The surface of the highway where the accident happened is level with the top of a wall on the side line. The wall is about two and a half feet high. There was a hole' in one of the wheel tracks, which was within two feet of the wall.
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Petition, under section 8, chapter 76, of the Public Statutes, to be allowed to file the statement required by section 7 of the same chapter. Facts found, and case transferred from the January term, 1901, of the supreme court, by Young, J. • The surface of the highway where the accident happened is level with the top of a wall on the side line. The wall is about two and a half feet high. There was a hole' in one of the wheel tracks, which was within two feet of the wall. The plaintiff while in the exercise of due care rode her bicycle into this hole, causing the machine to tip over, and she…
1Opinion of the CourtParsons, J.
Although the plaintiff was unavoidably prevented from filing her statement as to the injuries alleged within the ten days required by the statute, her petition to be allowed to file the same is not granted unless it also appears that “ manifest injustice would otherwise be done.” P. S., c. 76, s. 9. Whether upon the whole case the denial of an opportunity to litigate the plaintiff’s claim would constitute manifest injustice is a question of fact. Harvey v. Northwood, 65 N. H. 117; Sewell v. Webster, 59 N. H. 586, 587.
The reserved case does not show that evidence was not presented upon which…
2Cases cited5 opinions
- Gitchell v. AndoverSupreme Court of New Hampshire · 1879
- Bolles v. DaltonSupreme Court of New Hampshire · 1879
- Sewell v. WebsterSupreme Court of New Hampshire · 1880
- Chadbourne v. ExeterSupreme Court of New Hampshire · 1892
- Harvey v. NorthwoodSupreme Court of New Hampshire · 1889
3Cited by2 opinions
- Prichard v. BoscawenSupreme Court of New Hampshire · 1916
- Rye v. DurhamSupreme Court of New Hampshire · 1918