Nutt v. Manchester
Supreme Court of New Hampshire
Case, for negligence, causing water to flow from the defendants’ sewer through the plaintiff’s drain into his cellar. The drain was connected- with the sewer by license of the defendants. An ordinance of the city required that private drains should be provided with a gate to prevent the flow of water through them from the public sewer.
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Case, for negligence, causing water to flow from the defendants’ sewer through the plaintiff’s drain into his cellar. The drain was connected- with the sewer by license of the defendants. An ordinance of the city required that private drains should be provided with a gate to prevent the flow of water through them from the public sewer. The plaintiff, directed by the city officer in charge of sewers, put in his own drain and connected it with the city sewer, without providing a gate as required by the ordinance. The jury found that the failure of the plaintiff to comply with the ordinance did…
1Opinion of the CourtAllen, J.
The jury found, as a fact, that the want of a gate in the plaintiff’s drain did not occasion the injury, nor contribute to it. This finding makes it unnecessary to consider the exceptions to the evidence, and to the instructions of the court relating to the question of waiver, by the defendants, of the requirements of their ordinance.
The object of the ordinance was, to require the plaintiff to prevent the flowing back of water from the defendants’ sewer; and as the jury found that the injury complained of was not the result of the plaintiff’s failure to comply with the ordinance, he is not…
2Cases cited1 opinion
- Bassett v. Salisbury Manufacturing Co.Superior Court of New Hampshire · 1854
3Cited by3 opinions
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
- Caher v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1908
- Wik v. Sears, Roebuck & Co.Supreme Court of New Hampshire · 1940