Ferryall v. Youlden
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for the defendant. Transferred from the May term, 1912, of the superior court by Mitchell, J. While the plaintiff and the defendant were driving in the same direction upon a public highway in Hudson, the defendant’s horse ran into the rear of the carriage in which the plaintiff was riding, and as a result of the collision the plaintiff was thrown out and injured.
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Case, for personal injuries. Trial by jury and verdict for the defendant. Transferred from the May term, 1912, of the superior court by Mitchell, J. While the plaintiff and the defendant were driving in the same direction upon a public highway in Hudson, the defendant’s horse ran into the rear of the carriage in which the plaintiff was riding, and as a result of the collision the plaintiff was thrown out and injured. Among other things, the plaintiff’s evidence tended to prove that the horse driven by the defendant was unsafe. The declaration was as follows: “In a plea of the case, for that…
1Opinion of the CourtBingham, J.
The declaration charges the defendant with negligence (1) in the manner in which he drove the horse upon the highway at the time of the accident and (2) in the fact that he drove the horse upon the highway. As bearing upon the latter charge, the defendant’s knowledge and understanding of the nature and character of the horse was material. Connolly v. Brown, 73 N. H. 193. If he understood the horse was safe and kind and had been driven by a woman, evidence of that sort would tend to show that he was in the exercise of due care in attempting to drive the horse in the public streets. What the…
2Cases cited1 opinion
- Connelly v. BrownSupreme Court of New Hampshire · 1905
3Cited by1 opinion
- Howe v. JamesonSupreme Court of New Hampshire · 1940