Clark v. Manchester
Supreme Court of New Hampshire
Case, for injuries resulting in the death of the plaintiff’s intestate. Plea, the general issue. The plaintiff offered to prove the following facts: In 1863 the defendant city, established a reservoir of water for public use in extinguishing fires. The reservoir was on land of the defendant, bounded easterly and northerly by public streets, and enclosed by a substantial fence.
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Case, for injuries resulting in the death of the plaintiff’s intestate. Plea, the general issue. The plaintiff offered to prove the following facts: In 1863 the defendant city, established a reservoir of water for public use in extinguishing fires. The reservoir was on land of the defendant, bounded easterly and northerly by public streets, and enclosed by a substantial fence. The defendant maintained the reservoir in this way until the latter part of 1878, when it was abandoned, and the city began filling the excavation with earth, that the land might be put to more valuable purposes. To…
1Opinion
The first of the plaintiff's amended counts, after reciting the material facts offered to be proved under the original declaration, alleges that the place of the reservoir, at the time of the injury, was an unguarded excavation, pit, and trap, near to the public street and the residences of a large number of people including that of the plaintiff, and the water therein, together with the work of filling the excavation, was calculated to and did allure to it young children; that the defendants had knowledge of the situation, and these facts were a license and invitation to the plaintiff's…
2Cases cited6 opinions
- Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Murphy v. New York & New Haven RailroadSupreme Court of Connecticut · 1861
- Nashville and Chattanooga Railroad Co. v. PrinceTennessee Supreme Court · 1871
- Vittum v. GilmanSupreme Court of New Hampshire · 1869
- Wyatt v. WilliamsSupreme Court of New Hampshire · 1861
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