Drew v. Bow
Supreme Court of New Hampshire
Petition, under section. 8, chapter 76, Public Statutes, for leave to file a statement of claim for damages resulting from a defect in a highway. The defendants negligently permitted a gutter at the side of a, highway to remain in such condition that water accumulating therein overflowed the roadway and froze, thus causing the defect complained of.
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Petition, under section. 8, chapter 76, Public Statutes, for leave to file a statement of claim for damages resulting from a defect in a highway. The defendants negligently permitted a gutter at the side of a, highway to remain in such condition that water accumulating therein overflowed the roadway and froze, thus causing the defect complained of. At the April term, 1906, of the superior court, the petition was dismissed by Peaslee, J., on the ground that the defendants were not liable for injuries which the plaintiff sustained by slipping on ice in the traveled part of the highway, and the…
1Opinion of the CourtYoung, J.
“ The changes introduced into the statute [P. S., c. 76, ss. 1, 2, by Laws 1893, c. 59] indicate a purpose to greatly limit liability; . . . for no liability can arise at any portion of the highway other than those enumerated, and not then because the obstruction renders the highway unsuitable, unless the matter complained of constitutes an obstruction, defect, insuffiency, or want of repair in a structure the defect in which is made a ground of liability.” Wilder v. Concord, 72 N. H. 259, 262; Wentworth v. Pittsfield, 73 N. H. 358, 360; Miner v. Hopkinton, 73 N. H. 232; Owen v. Derry, 71 N.…
2Cases cited1 opinion
- Ford v. Town of BraintreeSupreme Court of Vermont · 1891
3Cited by3 opinions
- Knight v. HaverhillSupreme Court of New Hampshire · 1915
- Chapman v. LeeSupreme Court of New Hampshire · 1922
- Bernier Ex Rel. Paquet v. WhitefieldSupreme Court of New Hampshire · 1921