Edgerly v. Concord
Supreme Court of New Hampshire
Case, for injury from the plaintiff’s horse taking fright at a stream of water thrown from a hose attached to one of the defendants’ public hydrants.
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Case, for injury from the plaintiff’s horse taking fright at a stream of water thrown from a hose attached to one of the defendants’ public hydrants. In acting upon a petition for the location and construction of an engine-house, in which to keep a steam fire engine, in an elevated part of the city, the mayor and city councils were present and witnessed an exhibition of water thrown through hose attached to a hydrant, for the purpose or ascertaining the capacity of the hydrant and the force of the water there. The horse of the plaintiff, who was riding upon the street, near the place of the…
1Opinion of the CourtAllen, J.
It has been decided, on a former transfer of this case, that the action could not be maintained upon a declaration for damage from a defective highway. Edgerly v. Concord, 59 N. H. 78. After amendment of the declaration alleging the careless use of the hydrant by certain officers of the city as the cause of the injury, it was again decided that the plaintiff could not recover upon a declaration which contained no averment of the defendants’ duty to prevent the negligent use of the hydrant complained of. Edgerly v. Concord, 59 N. H. 341. The claim presented at this time, on a further amendment…
2Cases cited20 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
- Bowditch v. BostonSupreme Court of the United States · 1880
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Merrill v. City of ManchesterSupreme Court of New Hampshire · 1974
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- Rhobidas v. ConcordSupreme Court of New Hampshire · 1899
- Piasecny Ex Rel. Piasecny v. ManchesterSupreme Court of New Hampshire · 1926
- Reynolds v. NashuaSupreme Court of New Hampshire · 1943
4 more not listed; retrieve them via the Exa API.