Legal Opinion

Thompson v. Tilton Electric Light & Power Co.

Supreme Court of New Hampshire

Decided June 27, 1913PublishedCited by 6 opinions

' Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1912, of the superior court by Mitchell, J., on the defendants’ exception to the denial of a motion for the direction of a verdict in their favor.

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' Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1912, of the superior court by Mitchell, J., on the defendants’ exception to the denial of a motion for the direction of a verdict in their favor. The plaintiff’s intestate was about fourteen years óf age when he was killed, October 19, 1911, by a current of electricity passing through his body from the defendants’ electric wires which were suspended from a pole standing in a highway in Northffeld. It appeared that between five and six o’clock in the afternoon of the day of the accident,…

1Opinion of the CourtWalker, J.

So far as the defendant is concerned, the plaintiff’s intestate was rightfully in the highway at the time he received the fatal shock. He was guilty of no trespass against the defendant, and infringed no right of the latter. O’Brien v. Hudner, 182 Mass. 381; McGuire v. Spence, 91 N. Y. 303. Hence, cases against towns under the statute giving a remedy to travelers on the highway for injuries received from their defective condition (Varney v. Manchester, 58 N. H. 430), or against landowners for maintaining dangerous structures on their land (Frost v. Railroad, 64 N. H. 220; Hobbs v. Company, 75…

2Cases cited2 opinions

  1. McGuire v. . SpenceNew York Court of Appeals · 1883
  2. O'Brien v. HudnerMassachusetts Supreme Judicial Court · 1903

3Cited by6 opinions

  1. Chickering v. Lincoln County Power Co.Supreme Judicial Court of Maine · 1919
  2. Fort Wayne & Northern Indiana Traction Co. v. StarkIndiana Court of Appeals · 1920
  3. Lovett v. Manchester Street RailwaySupreme Court of New Hampshire · 1932
  4. Union Oil Co. v. RideoutCalifornia Court of Appeal · 1918
  5. Lambert v. Derry Electric Co.Supreme Court of New Hampshire · 1921

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