Richmond v. Bethlehem
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. The plaintiff’s intestate was driving in his automobile upon the highway of the defendants between Littleton and Whitefield, when in order to avoid an obstacle in the road he ran his automobile into a ditch on the north side of the road, and coming out of that, the automobile went across the road and fell over án unrailed embankment on the south side of the highway and he was killed.
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Case, for negligence. Trial by jury and verdict for the plaintiff. The plaintiff’s intestate was driving in his automobile upon the highway of the defendants between Littleton and Whitefield, when in order to avoid an obstacle in the road he ran his automobile into a ditch on the north side of the road, and coming out of that, the automobile went across the road and fell over án unrailed embankment on the south side of the highway and he was killed. An exception, which sufficiently appears in the opinion, was taken by the defendants to the refusal of the court to give requested instructions.…
1Opinion of the CourtPlummer, J.
The following requests for instructions, except so far as included in the charge, were denied subject to the defendants’ exception:
“(2) In considering the question of the liability of the town for not railing the highway at the place of the accident the question is not whether a railing would have rendered the highway safe and prevented the accident but whether repair of that character was reasonably required.”
“ (4) Towns are not bound to maintain railings that will resist, without breaking, the force of an automobile weighing three thousand pounds going at a rate of fifteen or twenty miles…
2Cases cited1 opinion
- Doherty v. Inhabitants of AyerMassachusetts Supreme Judicial Court · 1908
3Cited by6 opinions
- Opinion of the JusticesSupreme Court of New Hampshire · 1947
- Graham v. WeberSupreme Court of New Hampshire · 1920
- Johnson v. Director-General of RailroadsSupreme Court of New Hampshire · 1924
- Cozzi v. HooksettSupreme Court of New Hampshire · 1931
- Gaillard v. BoyntonCourt of Appeals for the First Circuit · 1934
1 more not listed; retrieve them via the Exa API.