Dow v. Weare
Supreme Court of New Hampshire
Case, for injuries from a defective highway. Trial by jury and verdict for the plaintiff. The plaintiff’s evidence tended to show that while driving on the highway in the evening of November 1, 1892, his horse slipped on the smooth and sloping side of a ledge which projected into the traveled track from nine to twelve inches above the level of the road, and was so injured that it died the next day.
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Case, for injuries from a defective highway. Trial by jury and verdict for the plaintiff. The plaintiff’s evidence tended to show that while driving on the highway in the evening of November 1, 1892, his horse slipped on the smooth and sloping side of a ledge which projected into the traveled track from nine to twelve inches above the level of the road, and was so injured that it died the next day. For the purpose of showing the character of the ledge and the liability of horses to slip when stepping on it, a witness for the plaintiff was permitted to testify, subject to exception, that a…
1Opinion of the CourtParsons, J.
The questions presented by the defendants’, exception to evidence of a similar accident at the same place to another person, and their objection in argument that the circumstances of the two were not shown to be in all respects similar, are so thoroughly and exhaustively considered in Darling v. Westmoreland, 52 N. H. 401, and Cook v. New Durham, 64 N. H. 419, — S. C., 65 N. H. 668, that a re-examination at the present time is unnecessary, and would be unprofitable. The evidence was relevant ; whether it should have been excluded for remoteness was a question to be determined at the trial…
2Cases cited5 opinions
- Demars v. Glen Manufacturing Co.Supreme Court of New Hampshire · 1892
- Cook v. New DurhamSupreme Court of New Hampshire · 1887
- Baldwin v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1888
- Aldrich v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1892
- Cook v. New DurhamSupreme Court of New Hampshire · 1889
3Cited by10 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- New Ætna Portland Cement Co. v. HattCourt of Appeals for the Sixth Circuit · 1916
- Batchelder v. Manchester Street RailwaySupreme Court of New Hampshire · 1903
- Connecticut River Power Co. v. DickinsonSupreme Court of New Hampshire · 1909
- Lovett v. Manchester Street RailwaySupreme Court of New Hampshire · 1932
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