Hickey v. Berlin
Supreme Court of New Hampshire
On the night of November 22, 1913, while the plaintiff was traveling upon a highway in the defendant city, the wagon in which he was riding stopped so suddenly that he was thrown out and received the injuries for which he seeks to recover. An examination made the next morning disclosed that the highway was washed out to a depth of about two feet for a distance of three feet either side of a plank culvert in the highway, leaving .the culvert intact.
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On the night of November 22, 1913, while the plaintiff was traveling upon a highway in the defendant city, the wagon in which he was riding stopped so suddenly that he was thrown out and received the injuries for which he seeks to recover. An examination made the next morning disclosed that the highway was washed out to a depth of about two feet for a distance of three feet either side of a plank culvert in the highway, leaving .the culvert intact. The wagon was stopped by the forward wheels striking the culvert. Additional facts are stated in the opinion.
1Opinion of the CourtYoung, J.
A traveler who is injured by a defect in a highway is remediless at common law. Sargent v. Gilford, 66 N. H. 543. Therefore, if the plaintiff can maintain this action it is because section 1, chapter 59, Laws of 1893, gives him that right. That section provides, among other things, that “towns are liable for damages happening to any person, his team or carriage, traveling upon a bridge, culvert, or sluiceway, or dangerous embankments and defective railings, upon any highway, by reason of any obstruction, defect, insufficiency, or want of repair of such bridge, culvert, or sluiceway, or…
2Cases cited5 opinions
- Wilder v. ConcordSupreme Court of New Hampshire · 1903
- Hearn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1892
- Sargent v. GilfordSupreme Court of New Hampshire · 1891
- Clair v. ManchesterSupreme Court of New Hampshire · 1903
- Lambert v. PembrokeSupreme Court of New Hampshire · 1890
3Cited by5 opinions
- Shea v. ManchesterSupreme Court of New Hampshire · 1938
- Chapman v. LeeSupreme Court of New Hampshire · 1922
- Bernier Ex Rel. Paquet v. WhitefieldSupreme Court of New Hampshire · 1921
- Munroe v. DeerfieldSupreme Court of New Hampshire · 1929
- Wilson v. Berlin Street RailwaySupreme Court of New Hampshire · 1930