Griffin v. Sanbornton
Supreme Court of New Hampshire
Case, for special damages caused by defects in a-highway in Sanbornton. The declaration alleged that the highway was impassable from January 1, 1861, to February 10 of the same year, by reason of being filled and incumbered with great drifts of snow, whereby the plaintiff was greatly injured in his business, and damaged in his attempts to drive an ox-team over the road, and prevented from fulfilling his engagements with divers persons at Sanbornton Bridge to draw and supply…
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Case, for special damages caused by defects in a-highway in Sanbornton. The declaration alleged that the highway was impassable from January 1, 1861, to February 10 of the same year, by reason of being filled and incumbered with great drifts of snow, whereby the plaintiff was greatly injured in his business, and damaged in his attempts to drive an ox-team over the road, and prevented from fulfilling his engagements with divers persons at Sanbornton Bridge to draw and supply them with fire-wood. At the trial upon the general issue the plaintiff offered to prove that said road, during all that…
1Opinion of the CourtBellows, J.
The evidence offered goes to show a total obstruction of the highway, in consequence of which the plaintiff was "wholly unable to use it, as he had occasion to do, for hauling wood to market, and for other purposes, by reason of which he lost the sale of such wood, and was unable to perform his engagements. But it does not appear that he actually attempted so to use the road, or that, while passing over it, he was injured.
TJpon this state of the evidence we do not think the action can be maintained, because it is not a case of special damage under our statute; and unless it is, no action can…
2Cases cited3 opinions
- Baxter v. Winooski Turnpike Co.Supreme Court of Vermont · 1849
- State v. HewettSupreme Judicial Court of Maine · 1850
- Weeks v. Inhabitants of ShirleySupreme Judicial Court of Maine · 1851