Legal Opinion

Page v. Campton

Supreme Court of New Hampshire

Decided June 5, 1884PublishedCited by 2 opinions

Petition, upon Gen. Laws, c. 75, s. 9, for leave to file a claim against the defendants for damages caused by a defective highway -

1Opinion of the CourtStanley, J.

It was a question of fact whether the plaintiff' was unavoidably prevented by accident, mistake, or misfortune from filing his claim in ten days, or whether his omission was-caused by his own fault. Sewell v. Webster, 59 N. H. 586 ; Gitchell v. Andover, 59 N. H. 868, 364; Bolles v. Dalton, 59 N. H. 479; French’s Petition, 17 N. H. 472; Buffum v. Sparhawk, 20 N. H. 81, 83. And that question having been decided against the plaintiff at the trial term, the petition should be denied.

Case discharged.

Smith, J., did not sit: the others concurred.

2Cases cited3 opinions

  1. Gitchell v. AndoverSupreme Court of New Hampshire · 1879
  2. Bolles v. DaltonSupreme Court of New Hampshire · 1879
  3. Sewell v. WebsterSupreme Court of New Hampshire · 1880

3Cited by2 opinions

  1. Welsh v. FranklinSupreme Court of New Hampshire · 1900
  2. Boyd v. DerrySupreme Court of New Hampshire · 1895