Merrill v. Claremont
Supreme Court of New Hampshire
Case, for damage happening by reason of a defect in a highway. It was alleged in the declaration that the highway was sloping, rounding, uneven, encumbered by a snow-drift, and unsafe; that one B. was travelling in the highway, driving two horses that were drawing a sled loaded with bark; and that, by reason of the defect, the sled was overturned, the horses were frightened, escaped, and ran without guidance against the plaintiff, who was travelling in the highway.
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Case, for damage happening by reason of a defect in a highway. It was alleged in the declaration that the highway was sloping, rounding, uneven, encumbered by a snow-drift, and unsafe; that one B. was travelling in the highway, driving two horses that were drawing a sled loaded with bark; and that, by reason of the defect, the sled was overturned, the horses were frightened, escaped, and ran without guidance against the plaintiff, who was travelling in the highway. The distance from the place where the sled was overturned to the place of the collision with the plaintiff was ninety rods. The…
1Opinion of the CourtDoe, C. J.
Evidence is stated in the case upon which we think it may be properly found that the plaintiff’s injury was the natural and probable consequence of the defendant’s neglect of duty.
Case discharged.
Allen and Clark, JJ., did not sit.
2Cited by3 opinions
- Prichard v. BoscawenSupreme Court of New Hampshire · 1916
- Aldrich v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1892
- Carr v. AshlandSupreme Court of New Hampshire · 1883