Garland v. Towne
Supreme Court of New Hampshire
Action on the case, by Lucy Garland against Nancy Towne, for negligence. The first count in the declaration alleges that on the fourth day of February, A. D. 1878, there was a public highway in Manchester known as Elm street, on either side of which there is a sidewalk, etc.; that on said fourth day of February, 1873, the defendant was the owner of a building situated on said Elm street, and extending up to the line of said street, which said building is so constructed as to…
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Action on the case, by Lucy Garland against Nancy Towne, for negligence. The first count in the declaration alleges that on the fourth day of February, A. D. 1878, there was a public highway in Manchester known as Elm street, on either side of which there is a sidewalk, etc.; that on said fourth day of February, 1873, the defendant was the owner of a building situated on said Elm street, and extending up to the line of said street, which said building is so constructed as to obstruct the fall of the snow, and to cause it to accumulate, and ice to form on the roof thereof, and to be…
1Opinion of the Court
In the trial of this cause, I think it will be for the jury to say whether the injury of which the plaintiff complains was caused by the negligence, that is, the want of due care, on the part of the defendant. I suppose the fact that ice slid from the roof upon the sidewalk on this particular occasion is evidence to be considered on the general question of the defendant's negligence; and I see no reason why the jury might not legally find negligence from that circumstance alone, if unexplained. It was the general duty of the defendant to prevent the sliding of snow and ice from her roof upon…
2Cases cited3 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1869
3Cited by4 opinions
- Ladd v. Granite State Brick Co.Supreme Court of New Hampshire · 1894
- Moore v. Berlin Mills Co.Supreme Court of New Hampshire · 1907
- True v. McAlpineSupreme Court of New Hampshire · 1924
- Haley v. ColcordSupreme Court of New Hampshire · 1879