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MERRILL v. CLAREMONT

Supreme Court of New Hampshire Sullivan.
Aug 1, 1878
Judgment
Subsequent
References
CaseIQ
Case Information
CITATION CODES
citation codes
Attorney(S)

Barton, for the plaintiff, cited Underhill v. Manchester, 45 N.H. 214, 216; Cate v. Cate, 50 N.H. 144; Ricker v. Freeman, 50 N.H. 420; State v. M. L. R. R., 52 N.H. 528, 552; Stark v. Lancaster, 57 N.H. 88, 91, 93; McIntire v. Plaisted, 57 N.H. 606, 608; Gilman v. Noyes, 57 N.H. 627; Tuttle v. Farmington, 58 N.H. 13; Kelsey v. Glover, 15 Vt. 708; Vandenburgh v. Truax, 4 Denio 464; Dickson v. McCoy, 39 N.Y. 400; Clark v. Chambers, L. R. 3 Q. B. D. 327; McDonald v. Snelling, 14 Allen 290. Colby, Parker, and Baker, for the defendant, cited Marble v. Worcester, 4 Gray 395; Bosch v. B. M. R. R., 44 Iowa 402; Rockford v. Tripp, 83 Ill. 247.

JUDGES

DOE, C. J.

ACTS

No Acts

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Important Paras
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Where the horses of a traveller, being frightened by an overturn of their load caused by a defect in the highway, escape from him, run ninety rods, and collide with another traveller, the injury of the latter may be a natural and probable consequence of the defect, for which the town is liable.

DOE, C. J.

Evidence is stated in the case upon which we think it may be properly found that the plaintiff's injury was the natural and probable consequence of the defendant's neglect of duty.

Case discharged.

ALLEN and CLARK, JJ., did not sit.

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