Burroughs v. Lane Construction Corp.
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1912, of the superior court by Plummer, J., on the defendants’ exceptions to the denial of motions for a nonsuit and the direction of a verdict in their favor. The plaintiff’s evidence tended to prove the facts hereinafter stated.
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Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1912, of the superior court by Plummer, J., on the defendants’ exceptions to the denial of motions for a nonsuit and the direction of a verdict in their favor. The plaintiff’s evidence tended to prove the facts hereinafter stated. While the plaintiff was riding on the highway from West Lebanon to Hanover, the horse became frightened at a pile of dirt in the highway and backed the carriage over the end of a culvert under the road, and the plaintiff was thrown out and injured. At the time…
1Opinion of the CourtWalker, J.
The plaintiff’s contention seems to be that the ■defendant’s duty to him was to so repair the highway at the place where the accident happened as not to increase the danger of teams ■going over the end of the culvert; and it is contended that if the ■defendant had performed this duty by putting up a railing at the ■end of the culvert, the plaintiff would have suffered no injury in •consequence of widening the wrought part of the highway. But it was no part of its duty to keep the highway in suitable repair for the traveling public. That duty is imposed upon the town or highway district having…
2Cases cited4 opinions
- Nye v. DibleySupreme Court of Minnesota · 1903
- Wilton v. City of SpokaneWashington Supreme Court · 1913
- Barton v. McDonaldCalifornia Supreme Court · 1889
- Williams v. SagerMichigan Supreme Court · 1911
3Cited by4 opinions
- Taylor v. WesterfieldCourt of Appeals of Kentucky (pre-1976) · 1930
- Schwarcz v. Charlton CountySupreme Court of Georgia · 1955
- Overstreet v. McClellandCourt of Appeals of Texas · 1928
- Schwarcz v. Charlton CountySupreme Court of Georgia · 1955