Stark v. Lancaster
Supreme Court of New Hampshire
From Coos Circuit Court. Case, for damages by reason of injuries to the plaintiffs horse and wagon on a highway. The declaration contains two counts, — the first alleging, generally, that the highway was obstructed, defective, insufficient, and in want of repair, by reason whereof the damage was done; the second alleging that the highway was “ out of repair, defective, and unsafe, in this, to wit, that where the said highway passes the White Mountains (N. H.) Railroad…
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From Coos Circuit Court. Case, for damages by reason of injuries to the plaintiffs horse and wagon on a highway. The declaration contains two counts, — the first alleging, generally, that the highway was obstructed, defective, insufficient, and in want of repair, by reason whereof the damage was done; the second alleging that the highway was “ out of repair, defective, and unsafe, in this, to wit, that where the said highway passes the White Mountains (N. H.) Railroad grounds and depots, the turn-out or pass leading from the travelled part of said highway to said grounds and depots was…
1Concurrence
Towns are required by statute to keep the highways within their, limits in repair suitable for the travel thereon. Gen. Stats., ch. 69, sec. 1. When an action is brought, under the provisions of this statute, the proper question to be submitted to the jury is, whether the immediate and real cause of the damage to the person injured was the defect or obstruction complained of; or, in the language of the statute, whether the damages happened "by reason of any obstruction, defect, insufficiency, or want of repair, which renders it [the highway] unsuitable for the travel thereon."
The proper…
2Cases cited7 opinions
- Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871
- Saxton v. BaconSupreme Court of Vermont · 1859
- State v. Manchester & Lawrence RailroadSupreme Court of New Hampshire · 1873
- Holden v. Rutland & Burlington RailroadSupreme Court of Vermont · 1858
- Cate v. CateSupreme Court of New Hampshire · 1870
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