Supreme Court of New Hampshire, 1879

Sides v. Portsmouth

Sides v. Portsmouth
Supreme Court of New Hampshire · Decided June 5, 1879 · Bingham, Smith
59 N.H. 24

Sides v. Portsmouth

Opinion of the Court

Bingham, J.

If a railroad company, acting under their charter, create an obstruction in a highway by which a traveller sustains damage, the town is ánswerable as if the same acts had been done by an individual. Willey v. Portsmouth, 35 N. H. 313; Elliot v. Concord, 27 N. H. 204; State v. Dover, 46 N. H. 452; Bacon v. Boston, 3 Cush. 179; Eyler v. Co. Com'rs, 49 Md. 257; Watson v. Tripp, 11 R. I. 98.

Judgment on the verdict.

Smith, J., did not sit: the others concurred.

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