Cummings v. Center Harbor
Supreme Court of New Hampshire
From Grafton Circuit Court. Case, to recover damages caused by a defect in the highway. The case has been to a referee, who reports the following statement of facts : “ On October 20, 1871, plaintiff and his son were at the house of Thomas Webber, in Center Harbor.
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From Grafton Circuit Court. Case, to recover damages caused by a defect in the highway. The case has been to a referee, who reports the following statement of facts : “ On October 20, 1871, plaintiff and his son were at the house of Thomas Webber, in Center Harbor. The son drove his father's horse, attached to a wagon, to Fogg’s station, so called, in New Hampton, on the Boston, Concord & Montreal Railroad, reaching the same soon after half-past eleven A. M., as found by the referee, — but the parties now agree that the time may be stated to be from twelve to seventeen minutes past twelve…
1Opinion of the Court
FROM GRAFTON CIRCUIT COURT. In Hardy v. Keene, 52 N.H. 370, it was held to be for the jury, under proper instructions, to say whether a person who has met with an injury was travelling upon the highway, within the meaning of Gen. Stats. ch. 69, sec. 1. The referee finds that the plaintiff's son was not a traveller travelling upon the highway, within the meaning of that statute. The plaintiff insists that this finding was wrong, and that the court should hold, as matter of law, upon the facts stated, that the plaintiff's son was a traveller, c., and so that the plaintiff was in the legal use…
2Cases cited1 opinion
- Hardy v. KeeneSupreme Court of New Hampshire · 1872
3Cited by3 opinions
- Doughty v. LittleSupreme Court of New Hampshire · 1881
- Bath v. HaverhillSupreme Court of New Hampshire · 1906
- Kent v. BrownSupreme Court of New Hampshire · 1879