Cullen v. Littleton

The defendant, relying upon the rule laid down in Hickey v. Berlin, 78 N. H. 69, 72, contends that there was no evidence from which it could be found that the dangerous condition of the bridge had existed so long before the plaintiff’s mishap that the defendant ought to have known of it in time to prevent the accident. We do not pass upon this question, because it conclusively appears that the plaintiff is barred from recovery by his own fault.

Under ordinary conditions, a highway traveler is entitled to act upon the assumption that the municipality has performed its duty of maintenance and…