Knight v. Haverhill
Supreme Court of New Hampshire
Petitions, under section 8, chapter 76, of the Public Statutes, for leave to file claims for injuries alleged to have been caused by a defective highway. The injury complained of in each case is the death of the intestate by drowning at the time of the accident.
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Petitions, under section 8, chapter 76, of the Public Statutes, for leave to file claims for injuries alleged to have been caused by a defective highway. The injury complained of in each case is the death of the intestate by drowning at the time of the accident. At the September term, 1914, of the superior court, Pike, C. J., found that the petitions should be granted, if as matter of law there was in each case sufficient evidence for the. jury of the intestate’s care and of the defendants’ negligence as the cause of the-injury. If in any case there is not such evidence, the petition in such…
1Opinion of the CourtParsons, C. J.
The granting of the petitions by the court, as the order was made, involved a finding that the petitioners were unavoidably prevented from filing the statement required by section 7, chapter 76, of the Public Statutes, within the time limited therein, and that manifest injustice would otherwise be done, unless the evidence conclusively established that no claim could be maintained against the town. P. S., c. 76, ss. 8, 9; Owen v. Derry, 71 N. H. 405, 406.
The petition is properly dismissed when it appears that the plaintiff has no cause of action against the defendant, as would be the case if…
2Cases cited6 opinions
- Clark v. ManchesterSupreme Court of New Hampshire · 1883
- Connecticut Valley Lumber Co. v. MonroeSupreme Court of New Hampshire · 1902
- Owen v. DerrySupreme Court of New Hampshire · 1902
- Drew v. BowSupreme Court of New Hampshire · 1907
- Miner v. HopkintonSupreme Court of New Hampshire · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stocker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1928
- Prichard v. BoscawenSupreme Court of New Hampshire · 1916
- Derry Loan & Discount Co. v. FalconerSupreme Court of New Hampshire · 1930
- Bank of New York & Trust Co. v. TiltonSupreme Court of New Hampshire · 1925
- Bridgham v. EffinghamSupreme Court of New Hampshire · 1933
3 more not listed; retrieve them via the Exa API.