Legal Opinion

Fowler v. Madison

Supreme Court of New Hampshire

Decided March 11, 1875PublishedCited by 1 opinion

Case, to recover damages occasioned by alleged defects in a highway. Plea, the general issue. In the fourth count in the declaration, the plaintiff claimed to recover damages for injuries to himself and horse, December 19, 1872, occasioned by the road being blocked with snow.

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Case, to recover damages occasioned by alleged defects in a highway. Plea, the general issue. In the fourth count in the declaration, the plaintiff claimed to recover damages for injuries to himself and horse, December 19, 1872, occasioned by the road being blocked with snow. The defendants introduced evidence tending to show that, December 16,1872, they employed one Henry J. Banks, of Ossipee, to keep the road open through the winter season; that said Banks died in January, 1873 ; and that he, on December 16 and 19, and also between December 19 and his death, by his men and teams, broke out…

1Opinion of the Court

In Bell v. Woodward, 47 N.H. 539, it was held that "A's declaration, soon after the purchase of a farm," that he bought it for B, "is not evidence to show that A did not afterwards live upon the farm and carry it on." The learned judge who delivered the opinion of the court said, — "The testimony of J. B. F. Woodward was irrelevant. The purpose for which Joshua Woodward bought the farm has no legal tendency to show what he did or did not do with the farm after the purchase."

This case is authority, if any authority were needed other than the principles of common sense, to show that the…

2Cases cited1 opinion

  1. Bell v. WoodwardSupreme Court of New Hampshire · 1867

3Cited by1 opinion

  1. Ordway v. SandersSupreme Court of New Hampshire · 1877

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