Cofran v. Sanbornton
Supreme Court of New Hampshire
From Merrimack Circuit Court. Case, to recover for an injury to the plaintiff’s horse, occasioned by a defect in a highway^ which, it was admitted at the trial, Sanbornton was bound to keep in repair.
Read the full summary
From Merrimack Circuit Court. Case, to recover for an injury to the plaintiff’s horse, occasioned by a defect in a highway^ which, it was admitted at the trial, Sanbornton was bound to keep in repair. The referee, to whom the action had been referred, reported as follows: The plaintiff, on the morning of February 5,1873, went over the road with his horse and sleigh to the house of William S. Dearborn, passing the place of accident, which was a snowdrift near Dearborn’s house, extending along the travelled part of the road three or four rods. He returned directly afterwards, and Mr. Dearborn,…
1Concurrence
The legal effect of the findings of the referee is, that the plaintiff's injury did not happen by reason of a defect in the highway, which the town ought before that time to have repaired. This being so, it matters not how the accident happened: the town being in no fault, is not liable. Palmer v. Portsmouth, 43 N.H. 265.
2Cases cited1 opinion
- Palmer v. City of PortsmouthSupreme Court of New Hampshire · 1861