Currier v. Concord
Supreme Court of New Hampshire
Case, for injuries caused by a defective highway. In the statement required by Q-. L., c. 75, s. 7, which was filed with the city clerk December 28, 1891, the plaintiff states that she was injured December 19, 1891, “ while traveling on foot along the sidewalk on the west side of the highway leading from Concord Main street to the village of Penacook, at a point near the entrance to the cemetery, and within the limits of the city of Concord.”
Read the full summary
Case, for injuries caused by a defective highway. In the statement required by Q-. L., c. 75, s. 7, which was filed with the city clerk December 28, 1891, the plaintiff states that she was injured December 19, 1891, “ while traveling on foot along the sidewalk on the west side of the highway leading from Concord Main street to the village of Penacook, at a point near the entrance to the cemetery, and within the limits of the city of Concord.” The question of the sufficiency of the notice was tried by the court, who found, upon evidence not excepted to, that the place of the accident is not…
1Opinion of the Court
Per Curiam. *
The reported finding is, in effect, that the place of the alleged accident was not so designated in the plaintiff’s statement that it could be found in the exercise of reasonable diligence by the defendants’ officers without further information from the plaintiff. The statement was, therefore, insufficient. “ If the statement so designates the place that the officers of the town, being men of common understanding and intelligence, can, by the exercise of reasonable diligence and without other information from the plaintiff find the exact place where it is claimed the damage was…
2Cases cited1 opinion
- Carr v. AshlandSupreme Court of New Hampshire · 1883
3Cited by2 opinions
- Maloney v. CookSupreme Court of Rhode Island · 1899
- Ledoux v. NashuaSupreme Court of New Hampshire · 1910