Legal Opinion

Leonard v. Bath

Supreme Court of New Hampshire

Decided June 5, 1881PublishedCited by 2 opinions

Case, against a town for traveller’s damages under the highway act. The plaintiff moved to amend the statement of his claim which he had filed with the town-clerk.

1Opinion of the CourtDob, C. J.

If it could be and were legally proved by parol that “ the exact place where ” the plaintiff’s “ damage was received ” was described by his statement that he “ broke through a plank bridge * * on the new road between Bath and Woods-ville, near the Haverhill line,” there would remain other defects not curable by extraneous evidence, or by amendment. The defendants give satisfactory reasons for the opinion that the legislature did not intend the statement might be amended by order of court at the trial. If the notice which the law required the plaintiff to file with the town-clerk could be…

2Cited by2 opinions

  1. Carr v. AshlandSupreme Court of New Hampshire · 1883
  2. Hall v. Wentworth's LocationSupreme Court of New Hampshire · 1930

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