Clark v. Lisbon
Superior Court of New Hampshire
Debt. There were four several actions. Each was to recover a penalty of twelve dollars, for not erecting and keeping in repair a suitable guide-post or guide-board from the 4th of November, 1844, to and including the 4th of November, 1845, in a place indicated in the writ. The suits were commenced and served at the same time, and are for the neglect at different intersections of roads.
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Debt. There were four several actions. Each was to recover a penalty of twelve dollars, for not erecting and keeping in repair a suitable guide-post or guide-board from the 4th of November, 1844, to and including the 4th of November, 1845, in a place indicated in the writ. The suits were commenced and served at the same time, and are for the neglect at different intersections of roads. They were originally commenced before a justice of the peace, and the defendants pleaded the general issue. They came to the court of common pleas by appeal, August term, 1846, where the defendants moved that…
1Opinion of the CourtWoods, J.
These four several actions are brought, each to recover the penalty prescribed by law against towns that fail to erect and keep in repair, at the intersections of the roads within their limits, suitable guide-posts. Each writ describes and sets out the neglect of the town to provide such conveniences at a particular point of intersection indicated in the writ, and each writ describes a different point from those indicated in the other writs; and the plaintiff claims the penalty as having accrued to the prosecutor for each case of neglect, or rather for as many places as his several writs…
2Cases cited1 opinion
- Davis v. DunkleeSuperior Court of New Hampshire · 1838