Johnson v. Town of Haverhill
Supreme Court of New Hampshire
This action is case, for an injury received by tbe plaintiff, by reason, as be alleges, of an obstruction in a highway. The declaration alleges that on the 24th of October, 1854, said highway was obstructed by a stick of wood, about four feet in length and about two inches in diameter, lying in the travelled part of the road; and that the plaintiff was passing in his wagon, using proper care; and that one wheel of his wagon run upon the end of said stick in such a maimer as…
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This action is case, for an injury received by tbe plaintiff, by reason, as be alleges, of an obstruction in a highway. The declaration alleges that on the 24th of October, 1854, said highway was obstructed by a stick of wood, about four feet in length and about two inches in diameter, lying in the travelled part of the road; and that the plaintiff was passing in his wagon, using proper care; and that one wheel of his wagon run upon the end of said stick in such a maimer as to throw up the other end against the bottom of said wagon, and throw the plaintiff out, whereby his shoulder bone was…
1Opinion of the CourtSawyer, J.
The obligation imposed upon towns to keep their highways in repair, and the accompanying liability to answer in damages for any injury resulting from defects or obstructions in them, are matters of deep interest, both to the tax-payer and to the traveller. It is undoubtedly a wise provision of the law which subjects those upon whom are imposed the obligation and burden of keeping the public highways in proper repair, to the liability to make good all losses resulting from a neglect of the duty as the most effectual, prgbablv the only effectual, guaranty for its faithful performance. But it is…
2Cases cited3 opinions
- Moore v. Inhabitants of AbbotSupreme Judicial Court of Maine · 1850
- Wood v. Inhabitants of WatervilleMassachusetts Supreme Judicial Court · 1808
- Town of Lincoln v. Town of WarrenSupreme Court of Vermont · 1847
3Cited by3 opinions
- Rowe v. PortsmouthSupreme Court of New Hampshire · 1876
- Saltmarsh v. BowSupreme Court of New Hampshire · 1876
- Stark v. LancasterSupreme Court of New Hampshire · 1876