Stark v. Lancaster
Supreme Court of New Hampshire
From Coos Circuit Court. Case, for damages by reason of injuries to the plaintiffs horse and wagon on a highway. The declaration contains two counts, — the first alleging, generally, that the highway was obstructed, defective, insufficient, and in want of repair, by reason whereof the damage was done; the second alleging that the highway was “ out of repair, defective, and unsafe, in this, to wit, that where the said highway passes the White Mountains (N. H.) Railroad…
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From Coos Circuit Court. Case, for damages by reason of injuries to the plaintiffs horse and wagon on a highway. The declaration contains two counts, — the first alleging, generally, that the highway was obstructed, defective, insufficient, and in want of repair, by reason whereof the damage was done; the second alleging that the highway was “ out of repair, defective, and unsafe, in this, to wit, that where the said highway passes the White Mountains (N. H.) Railroad grounds and depots, the turn-out or pass leading from the travelled part of said highway to said grounds and depots was…
1Opinion of the Court
FROM COOS CIRCUIT COURT. The only question to be decided in this case is, whether the nonsuit was rightly ordered, — in other words, whether there was anything for the jury to consider.
The first count alleges generally that the highway was defective and insufficient, c. The second count alleges that the culvert was insufficient, and in each count it is alleged that the accident happened by reason of such insufficiency.
It is true that the culvert was not within the travelled part of the highway proper, but it was a part of a turn-out from the highway connecting with a pass from the highway to…
2Cases cited1 opinion
- Fent v. Toledo, Peoria & Warsaw Railway Co.Illinois Supreme Court · 1871
3Cited by6 opinions
- Gage v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Prichard v. BoscawenSupreme Court of New Hampshire · 1916
- Boothby v. Grand Trunk RailwaySupreme Court of New Hampshire · 1890
- Aldrich v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1892
- Griffin v. Town of AuburnSupreme Court of New Hampshire · 1877
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