Kenney v. Hampton
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the defendants. Transferred from the October term, 1903, of the superior court by Pike, J. June 15, 1901, the plaintiff, while riding a bicycle along a highway in Hampton, ran into an open culvert, the sides of which it was claimed formed a dangerous embankment, and was injured.
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Case, for negligence. Trial by jury and verdict for the defendants. Transferred from the October term, 1903, of the superior court by Pike, J. June 15, 1901, the plaintiff, while riding a bicycle along a highway in Hampton, ran into an open culvert, the sides of which it was claimed formed a dangerous embankment, and was injured. One defence was contributory negligence; and in the trial of this, issue, the defendants sought to show that at the time of the accident the plaintiff was riding upon the sidewalk. This the plaintiff denied. Marston, a witness for the defendants, testified that he…
1Opinion of the CourtWalkek, J.
The first exception was not seasonably taken, And whatever objection there might be to the evidence was waived. The second exception is unavailing, because it is a natural inference from the testimony that whenever the witness had seen the plaintiff riding on the sidewalk it was in the vicinity of the place of the accident. And it is not open to serious doubt that the previous habit of the plaintiff to ride her bicycle on the .•sidewalk near the place of the accident was competent evidence that at that time she was occupying that part of the highway. State v. Railroad, 52 N. H. 528, 549;…
2Cases cited1 opinion
- Proctor v. White Mountain Freezer Co.Supreme Court of New Hampshire · 1899
3Cited by2 opinions
- State v. TaschlerSupreme Court of New Hampshire · 1976
- Capelle v. TroberSupreme Court of New Hampshire · 1921