Hardy v. Keene
Supreme Court of New Hampshire
Case, by Charles R. Hardy against the town of Keene. The second count in the declaration is as follows: “ And in a further plea of trespass on the case, for that on July 1, A. D. 1870, at said Keene, there was, and for a long time had been and still is, another certain public and common highway leading from Washington street, so called, in said Keene, to and past Woodland cemetery, so called, in said Keene, and said highway being known by the name of Beaver street; and the…
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Case, by Charles R. Hardy against the town of Keene. The second count in the declaration is as follows: “ And in a further plea of trespass on the case, for that on July 1, A. D. 1870, at said Keene, there was, and for a long time had been and still is, another certain public and common highway leading from Washington street, so called, in said Keene, to and past Woodland cemetery, so called, in said Keene, and said highway being known by the name of Beaver street; and the said plaintiff avers that the said town of Keene, during all the said time, was and still is bound by law to maintain and…
1Opinion of the CourtFoster, J.
The question, whether the plaintiff was travelling upon the highway' at the time of the accident, was a question of fact, properly submitted to the jury. We can see no element of law involved in it. The question was, whether the plaintiff was properly using the highway as a traveller.
*377The terms travel, traveller, and travelling have no technical meaning. A person who should abandon and forego his purpose of using the highway for the purposes for which highways are constructed, namely, for travel thereon, and should undertake to use the highway as a convenient stand-point for the observation of…
2Cases cited1 opinion
- Frost v. Inhabitants of PortlandSupreme Judicial Court of Maine · 1834
3Cited by4 opinions
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
- Gilman v. LaconiaSupreme Court of New Hampshire · 1875
- Cummings v. Center HarborSupreme Court of New Hampshire · 1876
- Public Service Co. of Oklahoma v. Fort Worth Grain ExchangeSupreme Court of Oklahoma · 1998