Ruland v. South Newmarket
Supreme Court of New Hampshire
Case, for injuries on a highway alleged to be unsuitable because insufficiently railed. The evidence tended to show that on August 28, 1877, the plaintiff was travelling with a safe horse and carriage from Greenland to Epping; that near the village of South New-market the highway crosses the B. & M. R. R.; that ten or twelve rods east of the crossing the highway apparently divides, one passing to the left crossing the track at grade, the other passing up an embankment and…
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Case, for injuries on a highway alleged to be unsuitable because insufficiently railed. The evidence tended to show that on August 28, 1877, the plaintiff was travelling with a safe horse and carriage from Greenland to Epping; that near the village of South New-market the highway crosses the B. & M. R. R.; that ten or twelve rods east of the crossing the highway apparently divides, one passing to the left crossing the track at grade, the other passing up an embankment and across the track on a bridge; that about 1847 the railroad corporation made the embankment and bridge, and opened the way…
1Opinion of the CourtSmith, J.
The question is whether the instructions requested were correct. There was evidence from which the jury might find that the embankment way was dedicated to the public travel and was used as a highway for twenty years without interruption. A way so dedicated and used becomes a highway by prescription, and evidence of such dedication and user is conclusive not only against the land-owner, but also against the town sought to be charged with the duty of keeping the highway in repair. Stevens v. Nashua, 46 N. H. 192; Burnham v. McQuesten, 48 N. H. 446; State v. Morse, 50 N. H. 9, 15; Walker v.…
2Cases cited3 opinions
- Walker v. City of ManchesterSupreme Court of New Hampshire · 1878
- Stark v. LancasterSupreme Court of New Hampshire · 1876
- Mercer v. PikeSupreme Court of New Hampshire · 1878
3Cited by1 opinion
- Walker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1887