Hubbard v. Gould
Supreme Court of New Hampshire
Case, for negligence, with counts in assumpsit, to recover the amount paid on a judgment recovered by one Rogers against the plaintiff and the expense of defending tlie suit in which the judgment was rendered. Transferred from the April term, 1905, of the superior court by Stone, J. In 1898, the plaintiff conveyed to the defendants a small tract •of land adjoining his own.
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Case, for negligence, with counts in assumpsit, to recover the amount paid on a judgment recovered by one Rogers against the plaintiff and the expense of defending tlie suit in which the judgment was rendered. Transferred from the April term, 1905, of the superior court by Stone, J. In 1898, the plaintiff conveyed to the defendants a small tract •of land adjoining his own. The habendum of the deed began as follows: “ To have and to hold ... so long as they make .and maintain a line fence separating it from land of grantor and his heirs.” The lands were separated by a barbed wire fence. In…
1Opinion of the CourtParsons, C. J.
As the defendants had notice of and an opportunity to defend the suit Rogers v. Hubbard, they are now concluded by the determination therein made of all facts which are-now in controversy. Boston & Maine R. R. v. Brackett, 71 N. H. 494. The ground upon which the plaintiff can now recover for the injury to him because of the accident to Rogers’ horse is the same as it would be if the suit were for injury to his own horse under similar circumstances. The judgment in Rogers’ action is material only as evidence. Its sole effect is to relieve the parties of the necessity of proving or disproving…
2Cases cited16 opinions
- Pittsfield Cottonwear Manufacturing Co. v. Pittsfield Shoe Co.Supreme Court of New Hampshire · 1902
- Boston & Maine Railroad v. SargentSupreme Court of New Hampshire · 1904
- Boston & Maine Railroad v. BrackettSupreme Court of New Hampshire · 1902
- Fairfield v. DaySupreme Court of New Hampshire · 1901
- Gregg v. Page Belting Co.Supreme Court of New Hampshire · 1897
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- International State Bank v. Trinidad Bean & Elevator Co.Supreme Court of Colorado · 1926
- Halifax-Am. Energy Co. v. Provider Power, LLCSupreme Court of New Hampshire · 2018
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