Farnum v. Town of Concord
Superior Court of New Hampshire
Of the liability of towas for injuries resulting from defects in roads and bridges. Tins v«xs an action of" the case brought by the plaintiff to recover the value of a horse alleged to have been drowned in consequence of the neglect of the inhabitants of Concord to repair a highway, which they were by law bound to keep in repair- The cause was tried here at February term, 1820, upon the general issue, when a verdict was taken for the defendant, subject to the opinion of the…
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Of the liability of towas for injuries resulting from defects in roads and bridges. Tins v«xs an action of" the case brought by the plaintiff to recover the value of a horse alleged to have been drowned in consequence of the neglect of the inhabitants of Concord to repair a highway, which they were by law bound to keep in repair- The cause was tried here at February term, 1820, upon the general issue, when a verdict was taken for the defendant, subject to the opinion of the court upon the following facts. The highway in question is on the west bank of Merrimack river in the town of…
1Opinion of the CourtRichardson, C. J.
No action lies at common law against a town for damages sustained through defects in highways. 9 Mass. Rep. 247, Mower vs. Leicester.—2 D. & E. 667, Russell & a. vs. The men of Devon. But. our statute oí February 27. 1786, sec. 4, provides, “ that in case any special damage shall happen to “ any person or persons, or to his or their teams or carriages, “ by means of the insufficiency or want of repairs of any high- “ ways or bridges in any town or parish within this state, the “ party aggrieved shall recover his or their damage in an “ action against such town or parish.”(l) And the question…
2Cases cited1 opinion
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
3Cited by6 opinions
- City of Dover v. Imperial Casualty & Indemnity Co.Supreme Court of New Hampshire · 1990
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
- Quigg v. KittredgeSuperior Court of New Hampshire · 1846
- Richardson v. Royalton & Woodstock Turnpike Co.Supreme Court of Vermont · 1833
- Gilman v. LaconiaSupreme Court of New Hampshire · 1875
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