Paine v. Hampton Beach Improvement Co.

In White v. Suncook Mills, 91 N. H. 92, the plaintiff sought to recover for personal injuries alleged to have been sustained because of the defendant’s negligent maintenance of a structure in close proximity to a public highway. There was evidence that in using the public highway the plaintiff fell from a retaining wall at the top of a banking on the defendant’s land, adjoining the highway. The question of the defendant’s liability was considered “upon the assumption that the retaining wall [was] erected . . . prior to the establishment of the highway.” Id., 95. In setting aside an order of…