Palmer v. Edgerly

The bay or oriel window was not a statutory nuisance under P. L., c. 92, s. 8, for two reasons. First because it was over twelve feet above the surface of the highway, and second, because there was no evidence that it extended an unreasonable distance into the highway. Whether, aside from the statute, it was a nuisance at common law presents an issue of fact for the jury (Bixby v. Thurber, 80 N. H. 411, 413; and cases cited), which was not submitted to them and consequently has not been passed upon. The plaintiff elected to base her case upon negligence and, without objection or exception on…