Cofran v. Sanbornton
Supreme Court of New Hampshire
From Merrimack Circuit Court. Case, to recover for an injury to the plaintiff’s horse, occasioned by a defect in a highway^ which, it was admitted at the trial, Sanbornton was bound to keep in repair.
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From Merrimack Circuit Court. Case, to recover for an injury to the plaintiff’s horse, occasioned by a defect in a highway^ which, it was admitted at the trial, Sanbornton was bound to keep in repair. The referee, to whom the action had been referred, reported as follows: The plaintiff, on the morning of February 5,1873, went over the road with his horse and sleigh to the house of William S. Dearborn, passing the place of accident, which was a snowdrift near Dearborn’s house, extending along the travelled part of the road three or four rods. He returned directly afterwards, and Mr. Dearborn,…
1Concurrence
The question here is, Did a defect exist that ought to have been remedied before the accident? Palmer v. Portsmouth, 43 N.H. 265. The referee has found that the town had no notice of the defect, and was guilty of no neglect, unless it is liable for the negligence of the surveyor. The plaintiff knew of the obstruction in the highway, and attempted to pass over it before the surveyor had completed the work of removing the obstruction within what would seem to be a reasonable time. The evidence tends to show that men of ordinary care and prudence would not have attempted to do this at their own…
2Cases cited2 opinions
- Palmer v. City of PortsmouthSupreme Court of New Hampshire · 1861
- Hubbard v. City of ConcordSupreme Court of New Hampshire · 1857