Gould v. Hutchins
Supreme Court of New Hampshire
CAsE, for negligently leaving in the highway six cakes of ice, which frightened the plaintiff's horse and caused him to run away and to be injured. Trial by the court and verdict for the plaintiff.
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CAsE, for negligently leaving in the highway six cakes of ice, which frightened the plaintiff's horse and caused him to run away and to be injured. Trial by the court and verdict for the plaintiff. Transferred from the November term, 1903, of the superior court by StoneS J. The defendant claimed that the cakes of ice, as left in the high-. way, were not calculated to frighten horses of ordinary gentleness, and offered testimony to show that other horses passed the same place during the same time and in the same manner, and were not frightened by the ice. The evidence was excluded, not on…
1Opinion of the CourtWalker, J.
As the case is understood, the trial judge ruled' that the experimental evidence offered by the defendant, of the liability of the ice to frighten horses, was as a matter of law incompetent. In view of the settled law of this state (Darling v. Westmoreland, 52 N. H. 401; Gordon v. Railroad, 58 N. H. 396; D ow v. Weare, 68 N. H. 345; Folsom v. Railroad, 68 N. H. 454, 461), the evidence was clearly competent, unless it was too remote-as a matter of fact. But as the evidence was not excluded upon the ground of remoteness, but because legally incompetent (Challis v. Lake, 71 N. H. 90, 95; Watson…
2Cases cited5 opinions
- Folsom v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1896
- Dow v. WeareSupreme Court of New Hampshire · 1895
- Challis v. LakeSupreme Court of New Hampshire · 1901
- Watson v. TwomblySupreme Court of New Hampshire · 1881
- Gordon v. Boston & Maine RailroadSupreme Court of New Hampshire · 1878
3Cited by3 opinions
- Menard v. CashmanSupreme Court of New Hampshire · 1945
- Bailey Lumber Co. v. Boston & Maine RailroadSupreme Court of New Hampshire · 1916
- Bennett v. Illinois Power & Light Corp.Appellate Court of Illinois · 1933