Elliott v. Mason
Supreme Court of New Hampshire
Case, for personal injuries. The declaration alleged, in substance, that the defendants maintained a private nuisance by the side of a highway adjacent to a lot of land, which consisted of an uncovered ditch running parallel with the highway and along said lot; that the landowner had a private way from his premises across the ditch to the highway; that the ditch was made without the owner’s consent and rendered travel over his private way unsafe and dangerous; and that the…
Read the full summary
Case, for personal injuries. The declaration alleged, in substance, that the defendants maintained a private nuisance by the side of a highway adjacent to a lot of land, which consisted of an uncovered ditch running parallel with the highway and along said lot; that the landowner had a private way from his premises across the ditch to the highway; that the ditch was made without the owner’s consent and rendered travel over his private way unsafe and dangerous; and that the plaintiff, with the permission of the landowner, was traveling over the private way with his team to the highway when he…
1Opinion of the CourtWalkek, J.
The plaintiff’s position, as we understand it, may be stated thus: The uncovered ditch which the defendant maintains by the side of the highway renders the approach from the highway to the adjoining landowner’s premises dangerous and unreasonably inconvenient, and as to the landowner constitutes a private nuisance; the plaintiff at the time of his injury was the landowner’s licensee for the purpose of traveling upon his private way; from these premises he deduces the conclusion that in the right of the owner he is entitled to maintain this action for the recovery of the damages he suffered…
2Cases cited7 opinions
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Kavanagh v. . BarberNew York Court of Appeals · 1892
- Thompson v. Fort Worth & Rio Grande Railway Co.Texas Supreme Court · 1904
- Ellis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1876
- Hughes v. . City of AuburnNew York Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Page v. BrooksSupreme Court of New Hampshire · 1918
- Moundsville Water Co. v. Moundsville Sand Co.West Virginia Supreme Court · 1942
- Shuptrine v. HerronMississippi Supreme Court · 1938
- Pinsonneault v. ConcordSupreme Court of New Hampshire · 1923
- Burnham v. WindhamSupreme Court of New Hampshire · 1913