Gilbert v. Manchester
Supreme Court of New Hampshire
Case for defect in highway. The alleged defect was in Canal street (which runs north and south), between the carriage path and the east sidewalk, at a point nearly in a line with the south side of Middle street, which makes a junction with the east side of Canal street at a right angle. The question whether Canal street is a highway seemed so serious that the court restricted the trial to that question, for the purpose of first settling the law involved in it.
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Case for defect in highway. The alleged defect was in Canal street (which runs north and south), between the carriage path and the east sidewalk, at a point nearly in a line with the south side of Middle street, which makes a junction with the east side of Canal street at a right angle. The question whether Canal street is a highway seemed so serious that the court restricted the trial to that question, for the purpose of first settling the law involved in it. Canal street was never laid out by public authority ; and the question is, whether it is a highway by prescription. It had been used…
1Opinion of the Court
This case comes before the court on the plaintiff's exception to the order for a nonsuit at the trial term. The question, therefore, is, whether there was any evidence for the jury to consider tending to show that the defendant city were liable for damages occasioned by the insufficient and defective condition of Canal street.
The evidence tended to show that in the year 1841 an arrangement was made between the city, then the town, of Manchester and the Amoskeag Manufacturing Company, a corporation, by which that corporation bound themselves at all times to keep in repair suitable for use by…
2Cases cited5 opinions
- Drew v. KimballSupreme Court of New Hampshire · 1861
- Hale v. Union Mutual Fire InsuranceSupreme Court of New Hampshire · 1855
- Odlin v. GoveSupreme Court of New Hampshire · 1860
- Davis v. HandySupreme Court of New Hampshire · 1858
- Simons v. SteeleSupreme Court of New Hampshire · 1858
3Cited by5 opinions
- City of Concord v. TompkinsSupreme Court of New Hampshire · 1984
- Lucier v. ManchesterSupreme Court of New Hampshire · 1922
- Turco v. Town of BarnsteadSupreme Court of New Hampshire · 1992
- Tilton v. PittsfieldSupreme Court of New Hampshire · 1878
- Hardy v. KeeneSupreme Court of New Hampshire · 1891