Bridgham v. Effingham

The correct procedure upon a petition for leave to file a claim for injuries caused by a defective highway (P. L., c. 89, s. 10) was stated in Owen v. Derry, 71 N. H. 405, 406. The petition is not ordinarily to be denied unless “it conclusively appears from the admitted facts or the allegations of the petition that the plaintiff has and can have no valid claim against the defendants.” Later cases have followed this rule. Knight v. Haverhill, 77 N. H. 487; Prichard v. Boscawen, 78 N. H. 131; Rye v. Durham, 79 N. H. 51; Watkins v. Railroad, 80 N. H. 468.

In the present instance it is evident…