Knowlton v. Pittsfield
Supreme Court of New Hampshire
Case, for damage happening to a traveller by reason of a defective highway. Verdict for the defendants. The plaintiff excepted to the refusal of the court to instruct the jury “ that if the plaintiff, while a traveller upon Main street, in the exercise of ordinary care, received her injury in consequence of slipping upon the sidewalk, and if the jury find that the line of this highway was not indicated by any visible objects, that the defect in the sidewalk which occasioned…
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Case, for damage happening to a traveller by reason of a defective highway. Verdict for the defendants. The plaintiff excepted to the refusal of the court to instruct the jury “ that if the plaintiff, while a traveller upon Main street, in the exercise of ordinary care, received her injury in consequence of slipping upon the sidewalk, and if the jury find that the line of this highway was not indicated by any visible objects, that the defect in the sidewalk which occasioned the injury was near the true line of the highway and within the general course and direction of travel, and where…
1Opinion of the CourtDoe, C. J.
A town’s neglect to do what is necessary to make a highway “ suitable for the travel thereon ” is an indictable offence, punishable by a fine which is expended by a state agent in remedying the defect; and for damage happening to a traveller by reason of the same neglect the town is liable in a civil suit. G. L., cc. 74, 75. The want of a railing which the town can legally maintain is a defect, if it renders the highway “ unsuitable for the travel thereon.” Willey v. Portsmouth, 35 N. H. 303, 314; Davis v. Hill, 41 N. H. 329; Stack v. Portsmouth, 52 N. H. 221; Stark v. Lancaster, 57 N. H. 88;…
2Cases cited18 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868
- Warner v. Inhabitants of HolyokeMassachusetts Supreme Judicial Court · 1873
- Drew v. Town of SuttonSupreme Court of Vermont · 1882
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3Cited by1 opinion
- Hebbard v. BerlinSupreme Court of New Hampshire · 1889