Legal Opinion

Parker v. Nashua

Supreme Court of New Hampshire

Decided December 5, 1879PublishedCited by 3 opinions

Case, for negligently permitting a gutter and culvert connected ■with a public highway to become obstructed, whereby water was thrown back upon and damaged the plaintiffs’ land and dwelling-house. The culvert was within the limits of a railroad at a highway crossing, and was constructed and managed by the railroad.

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Case, for negligently permitting a gutter and culvert connected ■with a public highway to become obstructed, whereby water was thrown back upon and damaged the plaintiffs’ land and dwelling-house. The culvert was within the limits of a railroad at a highway crossing, and was constructed and managed by the railroad. Before the overflow complained of, the defendants had reconstructed a sidewalk and raised the grade next the plaintiffs’ land, with their consent, and they had added to it a concrete surface. The embankment made by the walk, to some extent, prevented the escape of the water from…

1Opinion of the CourtAllen, J.

The defendants were liable for any damage to the plaintiffs’ land arising from negligence in failing to suitably maintain and manage its streets. Gilman v. Laconia, 55 N. H. 130. And it made no difference that the obstructed culvert was within the limits of a railroad crossing and under the care of the railroad. State v. Dover, 46 N. H. 452; Sides v. Portsmouth, ante, p. 24.

The instructions to the jury excepted to by the defendants were, in effect, that the plaintiffs could recover damages occasioned by the choking up of the culvert, but not damages arising from the reconstruction of the…

2Cases cited1 opinion

  1. Gilman v. LaconiaSupreme Court of New Hampshire · 1875

3Cited by3 opinions

  1. Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
  2. Cannata v. Town of DeerfieldSupreme Court of New Hampshire · 1989
  3. Vale Mills v. NashuaSupreme Court of New Hampshire · 1884

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