Brown v. West
Supreme Court of New Hampshire
Case, for negligence, in which the plaintiff seeks to recover damages for an injury which he sustained on the night of September 18, 1908, while traveling on a public highway in Chester. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1909, of the superior court by Wallace, C. J., on the defendants’ exceptions to the denial of their motions for a nonsuit and direction of a verdict in their favor.
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Case, for negligence, in which the plaintiff seeks to recover damages for an injury which he sustained on the night of September 18, 1908, while traveling on a public highway in Chester. Trial by jury and verdict for the plaintiff. Transferred from the April term, 1909, of the superior court by Wallace, C. J., on the defendants’ exceptions to the denial of their motions for a nonsuit and direction of a verdict in their favor. The defendants were the selectmen of Chester in 1908. Pursuant to a vote of the town and in its behalf, they entered into a contract with the state to improve a certain…
1Opinion of the CourtBingham, J.
If there was evidence from which it could be found that the defendants had the general control and direction of the work of improving or reconstructing the highway, a question not decided, it was vested in' them, not as principals, but as agents of the town. As agents they would not be constructively liable in an action of tort to the plaintiff, a stranger, for the negligence of their co-servants or agents. The doctrine of respondeat superior does not apply in such a case. But as individuals, and notwithstanding their agency, they would be liable if they participated in the act occasioning…
2Cases cited9 opinions
- Moynihan v. ToddMassachusetts Supreme Judicial Court · 1905
- Farrigan v. PevearMassachusetts Supreme Judicial Court · 1906
- Johnson v. City of SomervilleMassachusetts Supreme Judicial Court · 1907
- Brown v. LentSupreme Court of Vermont · 1848
- Bowden v. DerbySupreme Judicial Court of Maine · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Colby v. City of PortlandOregon Supreme Court · 1917
- Baisley v. HenryCalifornia Court of Appeal · 1921
- Morrison v. FisherWisconsin Supreme Court · 1915
- Dobbins v. City of ArcadiaCalifornia Court of Appeal · 1919