Varney v. Manchester
Supreme Court of New Hampshire
Case, for damage happening to a traveller by reason of a defect in a highway. The evidence was, that on Decoration day the plaintiff went to Elm street for the purpose of seeing the procession there forming for the decoration of soldiers’ graves ; went down on the west side of the street to the place where the procession was forming; crossed the street to get a better view, and stood near a pile of lumber, looking at the procession as it was forming (his attention being…
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Case, for damage happening to a traveller by reason of a defect in a highway. The evidence was, that on Decoration day the plaintiff went to Elm street for the purpose of seeing the procession there forming for the decoration of soldiers’ graves ; went down on the west side of the street to the place where the procession was forming; crossed the street to get a better view, and stood near a pile of lumber, looking at the procession as it was forming (his attention being being particularly called to a squad of police formed to head the procession) ; and when he had stood there from three to…
1Opinion of the CourtDoe, C. J.
A person is “ travelling upon a highway,” within the meaning of Gen. St., c. 69, s. 1, when he is making a reasonable use of a highway as a way. He need not be on a long journey. Taking one step from his own door to the sidewalk, and another into his neighbor’s house, he is travelling during the moment of his transit-on the path laid out for the accommodation of the public. And, although the use of a highway as a way includes motion from one place to another more or less distant, continuous movement is not necessary. Such use does not cease with every cessation of locomotion. A person going…
2Cases cited10 opinions
- Pearsall v. PostNew York Supreme Court · 1838
- Macomber v. NicholsMichigan Supreme Court · 1876
- Babson v. Inhabitants of RockportMassachusetts Supreme Judicial Court · 1869
- Tighe v. City of LowellMassachusetts Supreme Judicial Court · 1876
- Stinson v. City of GardinerSupreme Judicial Court of Maine · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Lydston v. Rockingham County Light & Tower Co.Supreme Court of New Hampshire · 1908
- Opinion of the JusticesSupreme Court of New Hampshire · 1947
- Haley v. ColcordSupreme Court of New Hampshire · 1879
- Langevin v. Twin State Gas & Electric Co.Supreme Court of New Hampshire · 1925