Emerson v. Lebanon
Supreme Court of New Hampshire
Case, for the loss of the life of the plaintiff’s wife occasioned by a defective highway. Trial by jury; verdict for the defend- • ants. While the plaintiff and his wife were driving upon a highway in Lebanon, on April 21, 1891, the horse suddenly turned to one side and went against a railing separating the highway from Mascoma liver, broke it, and with the carriage and its occupants went into the river, and Mrs. Emerson was drowned.
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Case, for the loss of the life of the plaintiff’s wife occasioned by a defective highway. Trial by jury; verdict for the defend- • ants. While the plaintiff and his wife were driving upon a highway in Lebanon, on April 21, 1891, the horse suddenly turned to one side and went against a railing separating the highway from Mascoma liver, broke it, and with the carriage and its occupants went into the river, and Mrs. Emerson was drowned. The plaintiff claimed that the highway was narrow, that there were logs and a pile of wood on the side furthest from the river which were liable to frighten…
1Opinion of the CourtWallace, J.
One of the questions was, whether the highway at the time and place of the accident was suitable for travel thereon, and one of the alleged grounds of defect was an insufficient railing. The plaintiff offered to show that the highway surveyor stated, when the railing was put in, about four years' before the accident, that it was temporary; and this was excluded. It is urged that this statement of the highway surveyor ought to have been received, because it was a part of the res gestee. Many collateral circumstances and declarations which surround the principal fact or act under investigation…
2Cases cited7 opinions
- Free v. BuckinghamSupreme Court of New Hampshire · 1879
- Cook v. New DurhamSupreme Court of New Hampshire · 1887
- Gutterson v. MorseSupreme Court of New Hampshire · 1877
- Amoskeag Manufacturing Co. v. HeadSupreme Court of New Hampshire · 1879
- Tilton v. American Bible SocietySupreme Court of New Hampshire · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State v. MannionSupreme Court of New Hampshire · 1927