Hubbard v. City of Concord
Supreme Court of New Hampshire
Case, for an injury to tbe plaintiff, alleged to have been occasioned by a defect in a highway, in said Concord, which the city was bound to keep in repair. The plaintiff was walking upon the brick side-walk, on the east side of Main street.
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Case, for an injury to tbe plaintiff, alleged to have been occasioned by a defect in a highway, in said Concord, which the city was bound to keep in repair. The plaintiff was walking upon the brick side-walk, on the east side of Main street. He passed out of the Eagle hotel along the side-walk in front of it, northerly, on his way towards the American house, until he reached the passage-way leading out of Main street easterly between the Eagle block and Stickney’s brick block, where he fell and broke his arm. From the northerly side of the passage-way the side-walk ran along in front of the…
1Opinion of the Court
Sawyer, J.*
The principal questions in this case arise upon the instructions of the jury in relation to the liability of towns for injuries resulting from defects in their highways, produced *59by the action of the elements, natural causes, over which human power has no control, without notice to the town or opportunity to repair them, and in relation to the degree of care and prudence necessary to be exercised by the traveller in passing upon a defective highway. o
Among the other questions raised by the case are two in relation to the admissibility of evidence, which, in the event of a new…
2Cited by2 opinions
- Smith v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1951
- Cofran v. SanborntonSupreme Court of New Hampshire · 1875