Stanyan v. Peterborough
Supreme Court of New Hampshire
Debt, to recover penalties for the neglect of the defendant town to maintain guide-boards at the junctions of highways therein. Writ dated September 26, 1896. Trial by the court. The court ruled that in this action, brought under s. 2, c. 78, P. S., the requirements of s. 7, c. 257, P. S., relative to notice, do not apply, and the defendants excepted.
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Debt, to recover penalties for the neglect of the defendant town to maintain guide-boards at the junctions of highways therein. Writ dated September 26, 1896. Trial by the court. The court ruled that in this action, brought under s. 2, c. 78, P. S., the requirements of s. 7, c. 257, P. S., relative to notice, do not apply, and the defendants excepted. The court ruled that under s. 2, c. 78, P. S., towns are chargeable for neglect to maintain guide-boards at each junction of highways, that such neglect is not considered as one entire offence for all the junctions neglected in the town, and…
1Opinion of the CourtParsons, J.
“ If any town neglects to keep in suitable repair guide-boards or posts, ... it shall forfeit for each neglect five dollars, for the use of the person suing therefor.” P. S., c. 78, s. 2.
“ Whenever a fine or penalty is imposed for neglect for any period of time, such neglect may be alleged to have begun at any specified time, and shall be reckoned from the time so alleged ; but no suit or prosecution in such case shall be begun against a town or town officers until twenty days after notice in writing of the intention to begin it, nor then, if within that time the duty is performed.” P. S., c.…
2Cited by6 opinions
- State v. Manchester & Lawrence RailroadSupreme Court of New Hampshire · 1900
- Cozzi v. HooksettSupreme Court of New Hampshire · 1931
- Opinion of the JusticesSupreme Court of New Hampshire · 1903
- State v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Arkansas State Highway Commission v. Southwestern Bell Telephone Co.Supreme Court of Arkansas · 1944
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