Daniels v. Lebanon
Supreme Court of New Hampshire
• Case, for injuries on a highway. The plaintiff, seventy years of age and partially blind, was travelling with his son, twenty-six years of age, in an open buggy, drawn by a safe horse, the son driving, and qualified to drive by the usual experience of farmers of that age. The night was very dark, and they had no light. The alleged defect consisted of a narrow place made by a ledge on each side of the travelled path.
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• Case, for injuries on a highway. The plaintiff, seventy years of age and partially blind, was travelling with his son, twenty-six years of age, in an open buggy, drawn by a safe horse, the son driving, and qualified to drive by the usual experience of farmers of that age. The night was very dark, and they had no light. The alleged defect consisted of a narrow place made by a ledge on each side of the travelled path. When near this place, they turned to the right a sufficient distance to allow a team to pass, and stopped. The persons with the team shouted as they passed, frightening the…
1Opinion of the CourtSmith, J.
The request for instructions presented as matter of law what was a question of fact. Travelling upon the highway by one who is blind, or whose vision is defective, or when external things are wholly obscured by darkness, is not negligence in itself. There are other elements to be taken into the account. Sleeper v. Sandown, 52 N. H. 244. Nor was the divergence of the plaintiff’s horse from the travelled road, whether by natural instinct, or by the act of the driver, or through inability to see the road by reason of the darkness, the only fact to be considered. The instructions requested would…
2Cited by5 opinions
- Harmon v. RichardsonSupreme Court of New Hampshire · 1936
- Pitman v. MauranSupreme Court of New Hampshire · 1897
- Merrill v. PerkinsSupreme Court of New Hampshire · 1881
- Katsikas v. Manchester Street RailwaySupreme Court of New Hampshire · 1939
- Rand v. Merchants' Despatch Transportation Co.Supreme Court of New Hampshire · 1880