Stark v. Lancaster
Supreme Court of New Hampshire
From Coos Circuit Court. Case, for damages by reason of injuries to the plaintiffs horse and wagon on a highway. The declaration contains two counts, — the first alleging, generally, that the highway was obstructed, defective, insufficient, and in want of repair, by reason whereof the damage was done; the second alleging that the highway was “ out of repair, defective, and unsafe, in this, to wit, that where the said highway passes the White Mountains (N. H.) Railroad…
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From Coos Circuit Court. Case, for damages by reason of injuries to the plaintiffs horse and wagon on a highway. The declaration contains two counts, — the first alleging, generally, that the highway was obstructed, defective, insufficient, and in want of repair, by reason whereof the damage was done; the second alleging that the highway was “ out of repair, defective, and unsafe, in this, to wit, that where the said highway passes the White Mountains (N. H.) Railroad grounds and depots, the turn-out or pass leading from the travelled part of said highway to said grounds and depots was…
1Concurrence
The question here is, was there any evidence competent to be submitted to the jury, and upon which they might find a verdict for the plaintiff? I am of the opinion that there was.
To balance evidence, weigh probabilities, determine the credibility of witnesses, and draw inferences and conclusions from facts proved, belongs to the jury. Wendell v. Moulton, 26 N.H. 41; Stone v. Danbury, 46 N.H. 139; Couch v. Stevens, 37 N.H. 169, 174; New Boston v. Dunbarton, 15 N.H. 206.
In order to maintain this action, it was incumbent on the plaintiff to satisfy the jury that the highway in question was not…
2Cases cited8 opinions
- Johnson v. Town of HaverhillSupreme Court of New Hampshire · 1857
- Palmer v. City of PortsmouthSupreme Court of New Hampshire · 1861
- Wendell v. MoultonSuperior Court of New Hampshire · 1852
- Chamberlain v. EnfieldSupreme Court of New Hampshire · 1861
- Stack v. PortsmouthSupreme Court of New Hampshire · 1872
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