Carlton v. Bath
Superior Court of New Hampshire
Case, to recover damages occasioned to tbe plaintiff on the Bd of April, 1849, by reason of the obstructions, insufficiency, and want of repairs of a certain highway in such town. The writ was dated August 1st, 1849. It was admitted that the town were bound to keep the. highway in repair and free from obstructions, where the injury happened.
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Case, to recover damages occasioned to tbe plaintiff on the Bd of April, 1849, by reason of the obstructions, insufficiency, and want of repairs of a certain highway in such town. The writ was dated August 1st, 1849. It was admitted that the town were bound to keep the. highway in repair and free from obstructions, where the injury happened. It appeared that in the month of February, 1849, a portion of the highway near Bath Tillage became icy, and the town put at one end of the icy place, which was several rods long, some brush and poles, to prevent the public travel from passing that way;…
1Opinion of the CourtEastman, J.
It does not appear to us that there can be any doubt as to the first question presented in this case. It was admitted on the trial, that the town were bound to keep the road in repair where the injury happened; that at the place where the plaintiff was thrown from his wagon, was a road legally established. • Such being the fact, the defendants were bound to keep the road free from obstructions and in a passable state. Whcreever towns are liable to an indictment for want of repairs in a highway, they are answerable to the traveller for an injury sustained, when no fault appears on his part.…
2Cases cited8 opinions
- Gorrill v. WhittierSuperior Court of New Hampshire · 1825
- Andover v. GraftonSuperior Court of New Hampshire · 1834
- Inhabitants of Griswold v. Inhabitants of North-StoningtonSupreme Court of Connecticut · 1824
- Sanborn v. Town of DeerfieldSuperior Court of New Hampshire · 1820
- Town of Hanover v. EatonSuperior Court of New Hampshire · 1823
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Piper v. MeredithSupreme Court of New Hampshire · 1970