Fellows v. Brown
Supreme Court of New Hampshire
This is an action on the case, against one to whom the applicant for a highway, laid out subject to gates and for the benefit of individuals, had conveyed the land through which the road passed, brought to recover damages for injuries by cattle to the plaintiff’s land, caused by not maintaining the gates. The facts are stated in the case of Proctor v. Andover.
1Opinion of the CourtBellows, J.
By the express provisions of the statute, the persons for whose benefit a road is laid out subject to gates, are bound to maintain them at their own expense, as the selectmen shall order; and this implies not only that such gates shall be maintained, but be kept shut; and so is the return of the selectmen. It is the duty, then, of such persons to maintain such gates and keep them shut, and, in case of neglect, they are liable to the land-owner for the damages sustained thereby. This is clearly the doctrine of Dean v. Sullivan Railroad Co., 22 N. H. 316, which was case for not maintaining a…
2Cited by1 opinion
- Harriman v. ParkSupreme Court of New Hampshire · 1875