Riley v. Farnum
Supreme Court of New Hampshire
Case, for negligence. Facts found by a referee. January 17, 1881, the plaintiff was employed by the city of Concord to clear away an accumulation of snow and ice upon a crossing upon Main street. While he was in the act of shovelling, facing southerly in a bent posture, the defendant approached from the north with a horse and sleigh, and drove against him, throwing him down and causing the injuries complained of.
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Case, for negligence. Facts found by a referee. January 17, 1881, the plaintiff was employed by the city of Concord to clear away an accumulation of snow and ice upon a crossing upon Main street. While he was in the act of shovelling, facing southerly in a bent posture, the defendant approached from the north with a horse and sleigh, and drove against him, throwing him down and causing the injuries complained of. The accident occurred about noon, at which hour there is usually a large amount of travel at the place of the accident. The defendant was seated in a low sleigh directly behind his…
1Opinion of the CourtSmith, J.
The defendant was bound to exercise ordinary care and prudence in his use of the highway as a traveller, to avoid injury to any one in the rightful use of the way. Any exercise of care and prudence less than this would be negligence, for which the defendant would be liable to any one injured thereby and not himself in fault. Whether the defendant exercised such care and prudence was a question of fact which the referee has found adversely to the defendant.
The plaintiff was lawfully employed in making repairs upon the highway, and which it was the legal duty of the city to make. If in making…
2Cases cited1 opinion
- Janvrin v. JanvrinSupreme Court of New Hampshire · 1877
3Cited by1 opinion
- Eastern Electric Supply Co. v. EkdahlSupreme Court of New Hampshire · 1930