Beacham v. Proprietors of Portsmouth Bridge
Supreme Court of New Hampshire
Case, for negligence. Pacts found by the court. The defendants own and possess a toll bridge over the Piscataqua river between Portsmouth and Kittery. On Sunday, April 29, 1894, the plaintiffs, having paid the required toll, were crossing the bridge, on a pleasure excursion, with a barge drawn by four horses ; and while on the portion within the state of Maine one of the horses was injured by a defect in the bridge caused by the defendants’ negligence.
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Case, for negligence. Pacts found by the court. The defendants own and possess a toll bridge over the Piscataqua river between Portsmouth and Kittery. On Sunday, April 29, 1894, the plaintiffs, having paid the required toll, were crossing the bridge, on a pleasure excursion, with a barge drawn by four horses ; and while on the portion within the state of Maine one of the horses was injured by a defect in the bridge caused by the defendants’ negligence. The plaintiffs seek to recover damages for the injury. The laws of Maine relating to the questions involved are a part of the case. A verdict…
1Opinion of the CourtChase, J.
If there is a conflict between the lex loci and the lex fori, the former governs in torts the same as in contracts, in respect to the legal effect and incidents of acts. Cool. Torts 471; Sto. Conf. Law (7th ed.), s. 307 d; Mostyn v. Fabrigas, Cowp. 161; Phillips v. Eyre, L. R. 4 Q. B. 225, 239,— S. C., L. R. 6 Q. B. 1, 28; Smith v. Condry, 1 How. 28; Dennick v. Railroad, 103 U. S. 11; Walsh v. Railroad, 160 Mass. 571; Henry v. Sargeant, 13 N. H. 321; Laird v. Railroad, 62 N. H. 254. Therefore, whatever would be a defence to this action if it had been brought in the state of Maine is a defence…
2Cases cited12 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Smith v. CondrySupreme Court of the United States · 1843
- Walsh v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1894
- Baker v. City of PortlandSupreme Judicial Court of Maine · 1870
- Buck v. City of BiddefordSupreme Judicial Court of Maine · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Owen v. WestonSupreme Court of New Hampshire · 1885