Welsh v. Franklin
Supreme Court of New Hampshire
On the westerly side of Prospect street, a public highway in Franklin, there is a sidewalk, a part of which, about 150 feet long and six feet wide, is made of plank.
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On the westerly side of Prospect street, a public highway in Franklin, there is a sidewalk, a part of which, about 150 feet long and six feet wide, is made of plank. Underneath the plank portion there is an open ditch with a concreted surface, into which surface water from the street is -conducted near the upper end and from which it flows through pipes into a sewer located under the center line of the street, or flows out at the lower end of the plank walk through a continuation of the ditch. The easterly side of the plank walk is about six inches above the surface of the street, the…
1Opinion of the CourtWallace, J.
Whether the point at which the plaintiff was injured was a bridge, a culvert, or a raised sidewalk, merely, need not be definitely determined at the present time. “ It was not the design of the statute to subject the parties to the expense of two trials. ... If it appear that important questions of fact or law are involved which the petitioner intended and was reasonably entitled to litigate, and that he has been prevented through accident, mistake, or misfortune and not from his own fault, the petition is granted,” if a further hearing would be equitable. Gitchell v. Andover, 59 N. H. 363,…
2Cases cited3 opinions
- Gitchell v. AndoverSupreme Court of New Hampshire · 1879
- Chadbourne v. ExeterSupreme Court of New Hampshire · 1892
- Page v. CamptonSupreme Court of New Hampshire · 1884
3Cited by4 opinions
- Prichard v. BoscawenSupreme Court of New Hampshire · 1916
- Owen v. DerrySupreme Court of New Hampshire · 1902
- Drew v. DerrySupreme Court of New Hampshire · 1901
- Rye v. DurhamSupreme Court of New Hampshire · 1918