Griffin v. Town of Auburn
Supreme Court of New Hampshire
Case, for damage alleged to have been caused by a defective and insufficient highway. The plaintiff claimed that he was injured by his carriage running against a tree and certain rocks. The highway had been used as such for more than twenty years. The tree and rocks were outside of the highway that had been so used. In the original declaration, they were alleged to be obstructions in the highway.
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Case, for damage alleged to have been caused by a defective and insufficient highway. The plaintiff claimed that he was injured by his carriage running against a tree and certain rocks. The highway had been used as such for more than twenty years. The tree and rocks were outside of the highway that had been so used. In the original declaration, they were alleged to be obstructions in the highway. After a trial of five days, and after the evidence on both sides was closed, the plaintiff was allowed, subject to exception, to amend by adding a new count, alleging the defect to be such a…
1Opinion of the CourtFoster, J.
The amendment was allowed upon the authority of Davis v. Hill, 41 N. H. 329, and with the reasoning and conclusion of the court in that case we are entirely agreed.
Questions relating to the allowance of costs are not open to revision at the law terms, unless, as in the present case, the question is specially reserved by the justice presiding at the trial term. Janvrin v. Scammon, 29 N. H. 280; Messer v. Bailey, 31 N. H. 21; Sanborn v. Sanborn, 41 N. H. 306, 307. Davis v. Hill is not an authority for allowing such an amendment only upon payment of costs. It only appears in that case that terms…
2Cases cited1 opinion
- Stark v. LancasterSupreme Court of New Hampshire · 1876
3Cited by2 opinions
- Lovett v. Manchester Street RailwaySupreme Court of New Hampshire · 1932
- Ayers v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894