Gilman v. Laconia
Supreme Court of New Hampshire
Case, by Hiram Gilman against the town of Laconia, for negligence in the performance of the duty of keeping a highway in repair.
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Case, by Hiram Gilman against the town of Laconia, for negligence in the performance of the duty of keeping a highway in repair. The alleged negligence was in allowing a highway to be out of repair by suffering a highway drain “ to fill up with sand ” and. other materials, and thereby to become out of repair, and to be destroyed, so that the water which ought to have gone through the drain overflowed the plaintiff’s land, covered it with sand, and damaged his cellar and buildings. The defendants demurred. The declaration may be referred to as part of the case.
1Concurrence
The subject of the duties and liabilities of municipal corporations, as applied to towns in this state, was discussed in Ball v. Winchester, 32 N.H. 435, Eastman v. Meredith, 36 N.H. 284, and Groton v. Haines, 36 N.H. 388.
In Ball v. Winchester, the complaint was that a highway surveyor had raised an embankment for the purpose of turning the water into a culvert which he had placed across the highway; that, the culvert being too small, the water ran over the embankment so that it ran down, united with other water, and ran further down to an older culvert which the town had permitted to become…
2Cases cited8 opinions
- Merrifield v. City of WorcesterMassachusetts Supreme Judicial Court · 1872
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Gordon's Heirs v. GordonCourt of Appeals of Kentucky · 1858
- Eastman v. MeredithSupreme Court of New Hampshire · 1858
- Farnum v. Town of ConcordSuperior Court of New Hampshire · 1821
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