Gilbert v. Manchester
Supreme Court of New Hampshire
Case for defect in highway. The alleged defect was in Canal street (which runs north and south), between the carriage path and the east sidewalk, at a point nearly in a line with the south side of Middle street, which makes a junction with the east side of Canal street at a right angle. The question whether Canal street is a highway seemed so serious that the court restricted the trial to that question, for the purpose of first settling the law involved in it.
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Case for defect in highway. The alleged defect was in Canal street (which runs north and south), between the carriage path and the east sidewalk, at a point nearly in a line with the south side of Middle street, which makes a junction with the east side of Canal street at a right angle. The question whether Canal street is a highway seemed so serious that the court restricted the trial to that question, for the purpose of first settling the law involved in it. Canal street was never laid out by public authority ; and the question is, whether it is a highway by prescription. It had been used…
1Concurrence
I concur in the opinion expressed by my brother CUSHING. It is quite clear that municipal corporations are bound by equitable estoppels, like natural persons. Big. on Estop. 464-466; Dill. on Mun. Corp., sec. 498; Cooley's const. Lim. 254; The People v. Maynard,15 Mich. 470; — see Hale v. Ins. Co., 32 N.H. 295.
The general doctrine, as declared by Lord DENMAN in Pickard v. Sears, has been expressly recognized in this state, not only in the cases cited by my learned brother, but especially in the more recent cases of Horn v. Cole,51 N.H. 287, and Stevens v. Dennett, 51 N.H. 324, where the…
2Cases cited4 opinions
- People v. MaynardMichigan Supreme Court · 1867
- Horn v. ColeSupreme Court of New Hampshire · 1868
- Stevens v. DennettSupreme Court of New Hampshire · 1872
- Hale v. Union Mutual Fire InsuranceSupreme Court of New Hampshire · 1855