Lane v. Concord
Supreme Court of New Hampshire
Case, for creating a nuisance to the plaintiff’s injury. Trial by jury and verdict for tlie defendants. Tlie plaintiff owns a lot of land with a house upon it, in Concord. The land adjoining slopes toward tlie west, and, at a distance of about one hundred feet from the house, is low and wet.
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Case, for creating a nuisance to the plaintiff’s injury. Trial by jury and verdict for tlie defendants. Tlie plaintiff owns a lot of land with a house upon it, in Concord. The land adjoining slopes toward tlie west, and, at a distance of about one hundred feet from the house, is low and wet. The owners of ibis land, being desirous of grading it to a higher level, gave the defendants license to dump upon it tlie materials collected by tliem in cleaning the streets and removing garbage oi' refuse matter placed at the sides of streets by residents, for removal. Job teamsters and other persons…
1Opinion of the CourtBlodgett, C. J.
The plaintiff’s action was not for an alleged violation of the ordinance, but for the creating of a nuisance to her injury. To maintain her action, it was incumbent on her to establish the propositions that the defendants committed the acts complained of, and that such acts wrongfully injured and damaged her in her person or estate. But in the determination of the latter issue, the ordinance was merely competent evidence to be considered by the jury, in connection with .all the circumstances of the case, on the question of the defendants’ liability (State v. Railroad, 58 N. H. 408, 410;…
2Cases cited3 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Wahle v. ReinbachIllinois Supreme Court · 1875
- Barnes v. HathornSupreme Judicial Court of Maine · 1866
3Cited by9 opinions
- Joseph R. Foard Co. v. Maryland ex rel. GoralskiCourt of Appeals for the Fourth Circuit · 1914
- Mesiti v. Microdot, Inc.District Court, D. New Hampshire · 1990
- Robie v. LillisSupreme Court of New Hampshire · 1972
- Nadeau v. SawyerSupreme Court of New Hampshire · 1904
- Page v. BrooksSupreme Court of New Hampshire · 1918
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