Roberts v. Dover
Supreme Court of New Hampshire
Case, for negligently causing water to flow from the defendants’ sewer through the plaintiffs’ drain into the cellar of their store on Central avenue in Dover, on July 18, 1901. Trial by jury and verdict for the plaintiffs.
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Case, for negligently causing water to flow from the defendants’ sewer through the plaintiffs’ drain into the cellar of their store on Central avenue in Dover, on July 18, 1901. Trial by jury and verdict for the plaintiffs. Transferred from the February term, 1902, of the superior court by Wallace, C. J. The plaintiffs’ evidence tended to show that for a time beyond the memory of any living person the city of Dover had maintained a stone sewer on the lower end of Washington street, from Locust street to the Coclieco river. The city had also maintained, for more than thirty years, another…
1Opinion of the CourtWalker, J.
For the purpose of showing when the plaintiffs’ drain was connected with the sewer on Central avenue, and that it was rightfully so connected, Brewster was allowed to testify that according to his recollection the connection was made in 1869 and that the license fee therefor was paid. However defective his memory may have been, his testimony tended to prove these facts. Its lack of positiveness affected only its weight. It purported to be original evidence. It did not disclose other or better evidence for which it was a substitute. Hence it could not be excluded on the ground that the records…
2Cases cited4 opinions
- Ashley v. City of Port HuronMichigan Supreme Court · 1877
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Bates v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1890
- Wayland v. WareMassachusetts Supreme Judicial Court · 1870
3Cited by6 opinions
- Hurley v. Town of HudsonSupreme Court of New Hampshire · 1972
- Boyer v. City of TacomaWashington Supreme Court · 1930
- Lennon v. City of SeattleWashington Supreme Court · 1912
- Day v. City of BerlinCourt of Appeals for the First Circuit · 1946
- Pinsonneault v. ConcordSupreme Court of New Hampshire · 1923
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