Seeton v. Dunbarton
Supreme Court of New Hampshire
Case, for injuries from a defective highway. Trial by jury. Transferred from the October term, 1902, of the superior court by Wallace, C. J. At the close of the plaintiff’s evidence a nonsuit was ordered, subject to exception. The plaintiff’s evidence tended to prove the following facts: The place of the accident was a common country road over which there was considerable travel.
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Case, for injuries from a defective highway. Trial by jury. Transferred from the October term, 1902, of the superior court by Wallace, C. J. At the close of the plaintiff’s evidence a nonsuit was ordered, subject to exception. The plaintiff’s evidence tended to prove the following facts: The place of the accident was a common country road over which there was considerable travel. A short time before the accident, which occurred June 21, 1901, the road had been repaired with a road-machine, the face of the highway being left about eleven feet wide, with the center somewhat crowning and raised…
1Opinion of the CourtParsons, C. J.
It was incumbent upon the plaintiff to explain to the jury how the cart in which she was riding happened to be driven so far from the traveled path as to be overturned, and to satisfy them, if she could, that this occurred without fáult on her part. The evidence as to the stump and its horse-frightening capacity tended to sustain this branch of the plaintiff’s case. The evidence was competent, and could not be excluded because it tended to prove a defect for which the town was not liable in this action.
It is not claimed that the town is liable for a defect of this character, but it is said…
2Cases cited5 opinions
- Damon v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Scannal v. City of CambridgeMassachusetts Supreme Judicial Court · 1895
- Harris v. Inhabitants of Great BarringtonMassachusetts Supreme Judicial Court · 1897
- Richardson v. City of BostonMassachusetts Supreme Judicial Court · 1892
- Logan v. City of New BedfordMassachusetts Supreme Judicial Court · 1893
3Cited by3 opinions
- Cozzi v. HooksettSupreme Court of New Hampshire · 1931
- Parker v. New BostonSupreme Court of New Hampshire · 1918
- Bridgham v. EffinghamSupreme Court of New Hampshire · 1934