Brown v. Collins
Supreme Court of New Hampshire
Trespass, by Albert H. Brown against Lester Collins, to recover the value of a stone post on which was a street lamp, situated in front of his place of business in the village of Tilton. The post stood upon the plaintiff’s land, but near the southerly line of tlie main highway leading through the village and within four feet of said line. There was nothing to indicate the line of the highway, nor any fence or other obstruction between the highway, as travelled, and the post.
Read the full summary
Trespass, by Albert H. Brown against Lester Collins, to recover the value of a stone post on which was a street lamp, situated in front of his place of business in the village of Tilton. The post stood upon the plaintiff’s land, but near the southerly line of tlie main highway leading through the village and within four feet of said line. There was nothing to indicate the line of the highway, nor any fence or other obstruction between the highway, as travelled, and the post. The highway crosses the railroad near the place of accident, and the stone post stood about fifty feet from the…
1Opinion of the CourtDoe, J.
It is agreed that the defendant was in the use of ordinaw care and skill in managing his horses, until they were frightened; a£j *443ííiaí they then bvaími unmanageable, and ran against and brok j.<vit on pfinnu i'":; land. It is not explicitly stated that the dele <«¡, a ni was without aetusd fault, — that he was not guilty of any malice >>< unreasonable unsk lluiuess or negligence ; but it is to be inferred Cuff tlie fact was so s and wo decide the case on that ground. We take ¡hr case as one where, without actual fault in the defendant, his lior/e?. broke from his control, ran away with him,…
2Cases cited11 opinions
- Losee v. . BuchananNew York Court of Appeals · 1873
- Parrot v. Wells, Fargo & Co.Supreme Court of the United States · 1873
- Morris v. PlattSupreme Court of Connecticut · 1864
- Cahill v. EastmanSupreme Court of Minnesota · 1872
- Morse v. CrawfordSupreme Court of Vermont · 1845
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Moulton v. Groveton Papers Co.Supreme Court of New Hampshire · 1972
- Bagley v. Controlled Environment Corp.Supreme Court of New Hampshire · 1986
- Randall v. SheltonCourt of Appeals of Kentucky (pre-1976) · 1956
- Ure v. United StatesDistrict Court, D. Oregon · 1950
- Bailey v. S. J. Groves & Sons Co.West Virginia Supreme Court · 1976
2 more not listed; retrieve them via the Exa API.