Carr v. Ashland
Supreme Court of New Hampshire
Case, for injuries upon a highway. Facts found by a referee. The accident happened January 28, 1882. February 3, 1882, the plaintiff filed with the town-clerk a statement as follows: “ To the town of Ashland in the county of Grafton.
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Case, for injuries upon a highway. Facts found by a referee. The accident happened January 28, 1882. February 3, 1882, the plaintiff filed with the town-clerk a statement as follows: “ To the town of Ashland in the county of Grafton. Harrison Carr, of Holderness in said county, on oath states that a certain highway in said Ashland, at a point at the junction of the highway leading from Horace J. Beede’s house in said Holderness with the highway leading by the house of B. F. Cox in said Ashland, and extending easterly about six rods, on the 28th day of January, 1882, was obstructed with snow,…
1Opinion of the CourtCarpenter, J.
The objection to the sufficiency of the statement was seasonably made. The plaintiff need not set out the statement in his declaration, or allege that he has filed one. It forms no part of the cause of action. 1 Oh. PL 222-225. The ■omission to file it is matter of defence, and may be taken advantage of under the general issue (1 Ch. Pl. 491), or may be pleaded in bar of the action. It was so pleaded in Leonard v. Bath, 61 N. H. 67.
Whether the exact place where it is claimed the damage was received is sufficiently designated in the notice, is a preliminary ■question of law and fact to be…
2Cases cited5 opinions
- Lefavor v. SmithSupreme Court of New Hampshire · 1877
- Whitcher v. DexterSupreme Court of New Hampshire · 1881
- Merrill v. ClaremontSupreme Court of New Hampshire · 1878
- Fox v. TuftonboroughSupreme Court of New Hampshire · 1876
- Leonard v. BathSupreme Court of New Hampshire · 1881
3Cited by5 opinions
- Dunklee v. PriorSupreme Court of New Hampshire · 1922
- Currier v. ConcordSupreme Court of New Hampshire · 1895
- Hall v. Wentworth's LocationSupreme Court of New Hampshire · 1930
- Davis v. RumneySupreme Court of New Hampshire · 1891
- Ledoux v. NashuaSupreme Court of New Hampshire · 1910