Legal Opinion

Burrill v. Alexander

Supreme Court of New Hampshire

Decided December 6, 1910PublishedCited by 4 opinions

Case, for injuries alleged to have been done to tbe plaintiff while upon the defendants’ land, by a wire which had been ■stretched across the land by them to prevent persons crossing the .lot. Trial by jury and verdict for the plaintiff.

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Case, for injuries alleged to have been done to tbe plaintiff while upon the defendants’ land, by a wire which had been ■stretched across the land by them to prevent persons crossing the .lot. Trial by jury and verdict for the plaintiff. Transferred from the October term, 1909, of the superior court by Chamberlin, J., on the defendants’ exceptions to the denial of their motions for a nonsuit and the direction of a verdict in their favor, to the ■overruling of their demurrer to the declaration, and “ to so much •of the charge to the jury as defined the rights of the plaintiff and the duty that…

1Opinion of the CourtPeasi.ee, J.

This case was submitted to the jury upon the theory that the plaintiff was a trespasser at the time of the injury complained of. Her injury resulted from the condition of the premises trespassed upon. None of the defendants was present when the accident happened. It therefore follows that they are not liable unless the injury was caused intentionally. In a situation like this, when the defendant is not present and acting at the time, he is under no liability to a trespasser on account of the mere condition of his premises. Hobbs v. Company, ante, 73.

If it were established that the injury was…

2Cases cited4 opinions

  1. Paine v. Grand Trunk Railway of CanadaSupreme Court of New Hampshire · 1879
  2. Edgerly v. Union Street RailroadSupreme Court of New Hampshire · 1892
  3. Haines v. Republic Fire Ins.Supreme Court of New Hampshire · 1879
  4. Guertin v. HudsonSupreme Court of New Hampshire · 1902

3Cited by4 opinions

  1. Burnham v. StillingsSupreme Court of New Hampshire · 1911
  2. Gardner v. Commercial MacHine Co.Supreme Court of New Hampshire · 1920
  3. John B. Bennett v. Public Service Company of New Hampshire, Peter D. Bennett v. Public Service Company of New HampshireCourt of Appeals for the First Circuit · 1976
  4. Reed v. Boston & Maine RailroadSupreme Court of New Hampshire · 1923

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