Horan v. Byrnes
Supreme Court of New Hampshire
Case, under sections 28 and 29, chapter 143, Public Statutes, for maintaining a structure in the nature of a fence, in violation of the statute. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1901, of the superior court by Peaslee, J. The defendant moved for á nonsuit, on' the ground that the statute upon which the action is based is unconstitutional. The motion was denied, and he excepted.
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Case, under sections 28 and 29, chapter 143, Public Statutes, for maintaining a structure in the nature of a fence, in violation of the statute. Trial by jury and verdict for the plaintiff. Transferred from the September term, 1901, of the superior court by Peaslee, J. The defendant moved for á nonsuit, on' the ground that the statute upon which the action is based is unconstitutional. The motion was denied, and he excepted. The following testimony was admitted subject to exception: The defendant’s wife, Ann, who was a witness in his behalf, was asked upon cross-examination if she had not…
1Opinion of the CourtParsons, C. J.
“Any fence or other structure in the nature of a fence, unnecessarily exceeding five feet in height, erected or maintained for the purpose of annoying the owners or occupants of adjoining property, shall be deemed a private nuisance.
“Any owner or occupant, injured. either in his comfort or the enjoyment óf his estate by such nuisance, may have an action of tort for the damage sustained thereby.
“ If the plaintiff recovers judgment in the action, the defendant shall cause the removal of the nuisance within thirty days from the date of the judgment, and for each day he shall permit the nuisance…
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