Fairfield v. Amherst
Supreme Court of New Hampshire
From Hillsborough Circuit Court. Case, for personal injuries occasioned by defect in a highway in said town. The evidence tended to show, that on the highway leading from New Boston to the village of Amherst, about twenty rods south of the line of Mont Yernon, there was a culvert extending diagonally across the road; that the gutter or ditch on the east side of the road was obstructed by a ledge extending across it and into the travelled part of the highway, so that the…
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From Hillsborough Circuit Court. Case, for personal injuries occasioned by defect in a highway in said town. The evidence tended to show, that on the highway leading from New Boston to the village of Amherst, about twenty rods south of the line of Mont Yernon, there was a culvert extending diagonally across the road; that the gutter or ditch on the east side of the road was obstructed by a ledge extending across it and into the travelled part of the highway, so that the water could not pass down on that side of the road, but was discharged through said culvert into the gutter or ditch on the…
1Opinion of the CourtCushing, C. J.
This case expressly reserves for the consideration of the court the exercise of discretion in the court below. It is peculiarly the province of the court at nisi prius to determine the facts on which those rulings depend which are said to be discretionary. The fact to be determined in this case was, that the situation and condition of the road had or had not remained so far unchanged as that a view of it would or would not tend to elucidate the case. The court below determined that fact against the view. I can see nothing in the evidence which would lead me to the conclusion that that…
2Cited by1 opinion
- Lydston v. Rockingham County Light & Tower Co.Supreme Court of New Hampshire · 1908