Alberic H. Ouelette, D/B/A Sandy Point Beach and Restaurant v. Mary F. Champagne

Although the consequences disturb me, I reluctantly accept it as the law of New Hampshire that a jury can be permitted to find that a slope of one quarter of an inch in two feet, described by that court as “imperceptible to the eye,” Steeves v. New England Telephone & Telegraph Co., 1942, 92 N.H. 52, 54, 24 A.2d 606, 608, can contribute to making premises unsafe. I do not follow the reasoning that since a much larger slope could readily be found to do this, the difference “is only in degree.” Almost all differences are in degree. This does not free courts from the duty of making a decision.…