Bernier Ex Rel. Paquet v. Whitefield
Supreme Court of New Hampshire
Case, to recover damages under Laws 1893, c. 59, s. 1. The facts are stated in the opinion. The defendant’s motion for a nonsuit was denied, subject to exception. Transferred from the April term, 1921, of the superior court by Marble, J.
1Opinion of the CourtPeaslee, J.
The injury to the plaintiff in this case was caused by the slippery condition of the foot-way upon a bridge. This condition resulted from rain falling and freezing, thus making a thin coating of ice upon the surface of the walk. It is claimed at the outset that towns were not liable for such a condition under Public Statutes, chapter 76, section 1; and excerpts from the opinion in Hubbard v. Concord, 35 N. H 52, are relied upon to support the position taken. But the summing up of the reasoning in that case was that the jury should have been instructed that the town was not liable for such a…
2Cases cited10 opinions
- Wilder v. ConcordSupreme Court of New Hampshire · 1903
- Wilson v. BarnsteadSupreme Court of New Hampshire · 1906
- Chadbourne v. ExeterSupreme Court of New Hampshire · 1892
- Hickey v. BerlinSupreme Court of New Hampshire · 1915
- Manchester v. WarrenSupreme Court of New Hampshire · 1893
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3Cited by1 opinion
- Cozzi v. HooksettSupreme Court of New Hampshire · 1931