Wilson v. Barnstead
Supreme Court of New Hampshire
After instructing the jury that the defendants were not liable unless the plaintiff’s injury was caused by a defect in the bridge, and after defining a bridge, in substance, as including not only the structure which spans the stream but also the abutments upon which it rests, and the wings, if any, and such back filling as is required to make the entire structure complete and safe, the court told them that they were to determine where the highway leaves off and the bridge…
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After instructing the jury that the defendants were not liable unless the plaintiff’s injury was caused by a defect in the bridge, and after defining a bridge, in substance, as including not only the structure which spans the stream but also the abutments upon which it rests, and the wings, if any, and such back filling as is required to make the entire structure complete and safe, the court told them that they were to determine where the highway leaves off and the bridge begins.
1Opinion of the CourtChase, J.
“ Towns are liable for damages happening to any person, his team or carriage, traveling upon a bridge . . . upon any highway, by reason of any obstruction, defect, insufficiency, or want of repair of such bridge, . . . which renders it unsuitable for the travel thereon.” Laws 1898, c. 59, s. 1. The principal question raised by the exceptions is whether the alleged defect was a defect in the bridge described in the record, within the meaning of the statute. A “ bridge ” is defined to be “ any structure which spans a body of water, or a valley, road, or the like, and affords passage or…
2Cases cited2 opinions
- Town of Tolland v. Town of WillingtonSupreme Court of Connecticut · 1857
- Tinkham v. Town of StockbridgeSupreme Court of Vermont · 1892
3Cited by7 opinions
- Sjostrum v. State Highway CommissionMontana Supreme Court · 1951
- Shope v. City of Des MoinesSupreme Court of Iowa · 1920
- Chapman v. LeeSupreme Court of New Hampshire · 1922
- Bernier Ex Rel. Paquet v. WhitefieldSupreme Court of New Hampshire · 1921
- Rye v. DurhamSupreme Court of New Hampshire · 1918
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