Darling v. Westmoreland
Supreme Court of New Hampshire
Case, by Charles Darling against the town of Westmoreland, for an injury caused by defects in a highway. Verdict for the defendants, and motion of the plaintiff for a new trial. The defects alleged by the plaintiff were, a pile of lumber by the Side of the road likely to frighten horses, and an insufficient railing of a bridge.
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Case, by Charles Darling against the town of Westmoreland, for an injury caused by defects in a highway. Verdict for the defendants, and motion of the plaintiff for a new trial. The defects alleged by the plaintiff were, a pile of lumber by the Side of the road likely to frighten horses, and an insufficient railing of a bridge. His claim was, that his horse was frightened by the lumber as he crossed the bridge, and ran back, and backed off' the bridge. ■ One ground of defence was, that the horse was vicious and unsafe, and much evidence was offered on that point on both sides. The plaintiff…
1Opinion of the CourtDoe, J.
One question of fact was, whether the pile of lumber was likely to frighten horses. Winship v. Enfield, 42 N. H. 197; Chamberlain v. Enfield, 43 N. H. 356; Bartlett v. Hooksett, 48 N. H. 18. On this question, the plaintiff had the affirmative and the burden of proof. He had a right to prove that the pile was likely to frighten horses, because he would fail in this part of his case unless he did prove it. For all the purposes of this case, nothing could be more irrelevant than a pile not likely to frighten horses. It was not the pile, but the character of the pile — its capacity for…
2Cases cited22 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- House v. MetcalfSupreme Court of Connecticut · 1858
- Kent v. Town of LincolnSupreme Court of Vermont · 1860
- Hill v. Portland & Rochester RailroadSupreme Judicial Court of Maine · 1867
- Luther v. City of WorcesterMassachusetts Supreme Judicial Court · 1867
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3Cited by8 opinions
- Jones v. BloomMichigan Supreme Court · 1972
- Hardy v. MerrillSupreme Court of New Hampshire · 1875
- Hoyt v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
- Jones v. BloomMichigan Supreme Court · 1972
- Mendiola v. State, Texas Court of Appeals, 4th District (San Antonio)1999
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