Kelsea v. Stratford
Supreme Court of New Hampshire
Case, for negligence. The declaration alleged that the plaintiff’s intestate was injured through the negligence of the defendant in failing to properly maintain a certain highway within its limits upon which the deceased was traveling, in consequence of which negligence he was thrown over an embankment.
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Case, for negligence. The declaration alleged that the plaintiff’s intestate was injured through the negligence of the defendant in failing to properly maintain a certain highway within its limits upon which the deceased was traveling, in consequence of which negligence he was thrown over an embankment. It was agreed that the highway where the accident occurred is a part of what is known as the “West Side road” as established by Laws 1909, c. 155, s. 15. Thereupon the defendant moved that the action be dismissed. The motion was granted and the plaintiff excepted. Transferred from the April…
1Opinion of the CourtWalker, J.
This action is brought under chapter 48, s. 1, Laws 1915, which provides that “towns are liable for damages happening to any person” in consequence of defects in a highway, such as caused the plaintiff’s injuries, “upon any highway which the town has the duty of maintaining.” Section 2 is as follows: “Towns shall not be liable for such damages happening upon state roads within their borders, nor upon highways within their borders which are constructed or repaired in whole or in part by the state or by state aid, while such construction is in process or repairs being made, nor for thirty days…
2Cases cited3 opinions
- Grace v. BelmontSupreme Court of New Hampshire · 1916
- Miner v. FranklinSupreme Court of New Hampshire · 1916
- Opinion of the JusticesSupreme Court of New Hampshire · 1914
3Cited by3 opinions
- Cozzi v. HooksettSupreme Court of New Hampshire · 1931
- Attorney-General Ex Rel. Highway Agents v. BrooksSupreme Court of New Hampshire · 1921
- Coen v. Town of BoscawenCourt of Appeals for the First Circuit · 1925