Tucker v. Henniker
Supreme Court of New Hampshire
Case, for damages resulting to the plaintiff from alleged defects in a public highway in Henniker. On trial, it appeared that on the afternoon of July 28, 1858, Hr. Jonas Ball hired a horse and carriage at Hills-borough Bridge, to go to the village of Henniker, where he arrived about sunset,' taking the plaintiff and his daughter with him.
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Case, for damages resulting to the plaintiff from alleged defects in a public highway in Henniker. On trial, it appeared that on the afternoon of July 28, 1858, Hr. Jonas Ball hired a horse and carriage at Hills-borough Bridge, to go to the village of Henniker, where he arrived about sunset,' taking the plaintiff and his daughter with him. Dr. Ball stopped at the hotel in Henniker ; while the plaintiff and his daughter started with the horse and carriage to go to the plaintiff’s mother’s, about half a mile distant; and on the way thither, the plaintiff driving the horse at the time, the…
1Opinion of the CourtFowler, J.
The instructions upon the first point were in the precise language of the decision of this court in the recent case of Clark v. Barrington, 41 N. H. 44, where the question was fully considered, and are fully sustained-by the highest courts of Maine, Vermont and Massachusetts. See authorities cited by the plaintiff’s counsel; also, Hayden v. Attleborough, 7 Gray 338, and Norris v. Litch-field, 35 N. H. 271.
The defect in the horse, if one existed without the knowledge of the plaintiff, and she were in no fault for not knowing it, must be regarded as an accident which could not be prevented by…
2Cases cited1 opinion
- Tompkins v. SaltmarshSupreme Court of Pennsylvania · 1826
3Cited by11 opinions
- London Guarantee & Accident Co. v. WoelfleCourt of Appeals for the Eighth Circuit · 1936
- Williams v. . B.E.R.R. Co.New York Court of Appeals · 1891
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Neumann v. BishopCalifornia Court of Appeal · 1976
- Pingatore v. Montgomery Ward & Co.Court of Appeals for the Sixth Circuit · 1969
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