Hinds v. Hinsdale, No. 1795.

CourtSupreme Court of New Hampshire
Writing for the CourtSNOW, J.
Citation116 A. 635
PartiesHINDS v. HINSDALE.
Decision Date07 March 1922
Docket NumberNo. 1795.
116 A. 635

HINDS
v.
HINSDALE.

No. 1795.

Supreme Court of New Hampshire. Cheshire.

March 7, 1922.


116 A. 635

Exceptions from Superior Court, Cheshire County.

Action on the case for personal injuries by Sarah C. Hinds against the town of Hinsdale, brought under Pub. St. 1891, c. 76, as amended by Laws 1893, c. 59. Verdict for the plaintiff, and defendant excepts to the court's finding that the statement filed by plaintiff under Pub. St c. 76, § 7, was sufficient and to the denial of its motions for a nonsuit and for a directed verdict. Exceptions overruled.

Joseph Madden and Roy M. Pickard, both of Keene, for plaintiff.

Jewett & Jewett and Theo. S. Jewett, all of Laconia, for defendant.

SNOW, J. Every person making a claim against a town on account of injuries received in the use of highways under P. S. c. 76, is required by section 7 thereof to file with officers of the town, within 10 days, a written statement setting forth, among other facts "the exact place where and the time when the injury was received." The object of this requirement is to enable the town authorities to examine the place shortly after the alleged injury, while the physical facts are unchanged, in order that they may intelligently consider the merits of the claim, and either adjust the damages or prepare a defense. Carr v. Ashland, 62 N. H. 665, 668, 669; Sargent v. Gilford, 66 N. H. 543, 544, 27 Atl. 306.

A statement is sufficient if it so designates the place that men of common understanding and intelligence can, by the exercise of reasonable diligence, and without other information from the claimant, find with reasonable certainty the place where it is claimed the injury was received.

Whether the statement is sufficient for this purpose is a question of fact to be decided at the trial. Carr v. Ashland,

supra, 62 N. H. 669; Horne v. Rochester, 62 N. H. 347, 350; Currier v. Concord, 68 N. H. 294, 295, 44 Atl. 386. This fact is ordinarily to be determined by the court, unless the court in its discretion submits the question to a jury. Carr v. Ashland, supra, 62 N. H. 668; Robin v. Bartlett, 64 N. H. 426, 428, 13 Atl. 645.

A finding upon a question of fact which is within the province of the trial court will not be reviewed if there is sufficient evidence upon which it can be based. Metcalf v. Weed, 66 N. H. 176, 178, 19 Atl. 1091; Dunklee v. Prior, 80 N. H.——, 116 Atl. 138, and cases cited. Therefore the only question raised by defendant's...

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5 practice notes
  • Dunn v. Boise City, 4738
    • United States
    • United States State Supreme Court of Idaho
    • December 27, 1927
    ...to enable them to consider the merits of the claim and either to adjust the damages or prepare a defense. (Hinds v. Hinsdale, 80 N.H. 346, 116 A. 635; City of Bessemer v. Barnett, 212 Ala. 202, 102 So. 23; Falldin v. City of Seattle, 50 Wash. 561, 97 P. 658; King v. City of Spokane, 52 Wash......
  • Hazelton v. First Nat. Stores, Inc.
    • United States
    • Supreme Court of New Hampshire
    • March 2, 1937
    ...Sowter v. Grafton, 65 N.H. 207, 19 A. 572." Sargent v. Gilford, supra, 66 N.H. 543, 545, 27 A. 306, 307; Hinds v. Hinsdale, 80 N.H. 346, 116 A. 635. The purposes of the notice required by the Sales Act are, we think, similar to those enumerated above, and the requirement that prompt notice ......
  • Masterson v. Berlin St. Ry
    • United States
    • Supreme Court of New Hampshire
    • December 6, 1927
    ...instruction to use it only if falsehood were found. Dunklee v. Prior, 80 N. H. 271, 116 A. 138; Hinds v. Hinsdale, 80 N. H. 346, 116 A. 635. If there was no intention to falsify and no purpose to deceive or mislead, there was no implied acknowledgment of weakness in the claim of the railway......
  • Gardner v. City of Houston, No. 13275
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • February 5, 1959
    ...the accident did not occur at the corner of West Gray and Taft as stated in appellant's notice of claim. In Hinds v. Hinsdale, 80 N.H. 346, 116 A. 635, cited by appellant, the Court 'A statement is sufficient if it so designates the place that men of common understanding and intelligence ca......
  • Request a trial to view additional results
5 cases
  • Dunn v. Boise City, 4738
    • United States
    • United States State Supreme Court of Idaho
    • December 27, 1927
    ...to enable them to consider the merits of the claim and either to adjust the damages or prepare a defense. (Hinds v. Hinsdale, 80 N.H. 346, 116 A. 635; City of Bessemer v. Barnett, 212 Ala. 202, 102 So. 23; Falldin v. City of Seattle, 50 Wash. 561, 97 P. 658; King v. City of Spokane, 52 Wash......
  • Hazelton v. First Nat. Stores, Inc.
    • United States
    • Supreme Court of New Hampshire
    • March 2, 1937
    ...Sowter v. Grafton, 65 N.H. 207, 19 A. 572." Sargent v. Gilford, supra, 66 N.H. 543, 545, 27 A. 306, 307; Hinds v. Hinsdale, 80 N.H. 346, 116 A. 635. The purposes of the notice required by the Sales Act are, we think, similar to those enumerated above, and the requirement that prompt notice ......
  • Masterson v. Berlin St. Ry
    • United States
    • Supreme Court of New Hampshire
    • December 6, 1927
    ...instruction to use it only if falsehood were found. Dunklee v. Prior, 80 N. H. 271, 116 A. 138; Hinds v. Hinsdale, 80 N. H. 346, 116 A. 635. If there was no intention to falsify and no purpose to deceive or mislead, there was no implied acknowledgment of weakness in the claim of the railway......
  • Gardner v. City of Houston, No. 13275
    • United States
    • Court of Appeals of Texas. Court of Civil Appeals of Texas
    • February 5, 1959
    ...the accident did not occur at the corner of West Gray and Taft as stated in appellant's notice of claim. In Hinds v. Hinsdale, 80 N.H. 346, 116 A. 635, cited by appellant, the Court 'A statement is sufficient if it so designates the place that men of common understanding and intelligence ca......
  • Request a trial to view additional results

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