Seeton v. Dunbarton
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1904, of the superior court by Peaslee, J. The case is the same as that reported in 72 N. H. 269. ’ The jury had a view of the premises.
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Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1904, of the superior court by Peaslee, J. The case is the same as that reported in 72 N. H. 269. ’ The jury had a view of the premises. At the defendants’ request, members of the panel measured what they considered to be the part of the road it was safe to travel upon, and found it to be twelve feet wide, and that eleven feet hr width was the wrought portion of the road, free from grass and marked unevenness. At that time there was a drop of eight inches at a point twenty inches east of the…
1Opinion of the CourtWalker, J.
The defendant’s motion for a nonsuit was properly denied unless it appears from the case that there was no sufficient evidence from which the jury could find that there was a dangerous, unrailed embankment in the highway, which was the proximate cause of the plaintiff’s injury. Upon this point the defendant argues that the decision of the case upon its former transfer (72 N. H. 269) cannot be regarded as a conclusive authority in favor of the plaintiff now, because, as it is said, the evidence disclosed a situation materially different from what it tended to prove at the first trial. Of…
2Cases cited5 opinions
- Leavitt v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1903
- Amoskeag Manufacturing Co. v. HeadSupreme Court of New Hampshire · 1879
- Tuttle v. FarmingtonSupreme Court of New Hampshire · 1876
- Weare v. DeeringSupreme Court of New Hampshire · 1880
- Boynton v. SomersworthSupreme Court of New Hampshire · 1878
3Cited by11 opinions
- Ross v. Erickson Construction Co.Washington Supreme Court · 1916
- Sanders v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Connecticut River Power Co. v. DickinsonSupreme Court of New Hampshire · 1909
- Lane v. Manchester MillsSupreme Court of New Hampshire · 1908
- Demers v. FlackSupreme Court of New Hampshire · 1936
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