Gale v. Dover
Supreme Court of New Hampshire
Case, for damages to the plaintiff’s horse from a defective highway. Trial by jury and verdict for the plaintiff If the defect from which the damage arose is one for which the defendants are liable, the plaintiff is entitled to judgment; otherwise, there is to be judgment for the defendants.
1Opinion of the CourtParsons, J.
The plaintiff’s horse stepped upon the covering of an opening in the highway designed to admit the surface water into the sewer beneath the street, and because of a defect in such covering was injured, as the plaintiff claimed. The only question reserved is whether the defect in the covering of the opening into the sewer is a defect for which the city is liable under c. 59, s. 1, Laws 1893. By that statute towns are made liable “ for damages happening to any person, his team or carriage, traveling upon a bridge, culvert, or sluiceway, . . . upon any highway, by reason of any obstruction,…
2Cited by2 opinions
- Owen v. DerrySupreme Court of New Hampshire · 1902
- Chapman v. LeeSupreme Court of New Hampshire · 1922