Parsons v. City of Manchester

Decision Date11 March 1892
Citation67 N.H. 163,27 A. 88
PartiesPARSONS v. CITY OF MANCHESTER.
CourtNew Hampshire Supreme Court

Case by William M. Parsons against the city of Manchester for personal injuries caused by defendants' negligence in permitting a pile of dirt to remain upon and obstruct one of its streets. Verdict for plaintiff. Judgment on the verdict ordered.

The evidence tended to show that the defect had existed about 10 hours before the accident; that the highway officers had no knowledge of it, and that the street was much traveled. The defendants moved for a nonsuit, on the ground that they had no notice of the defect.

Burnham, Brown & Warren, for plaintiff.

E. P. Jones and Sulloway & Topliff, for defendants.

CHASE, J. It might be properly found by the jury that such an obstruction, continuing about 10 hours in such a street, would attract attention; and that, in the exercise of ordinary care, the defendants would have discovered and remedied it before the accident. Judgment on the verdict.

CLARK, J., did not sit; the others concurred.

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12 cases
  • City of Greenville v. Middleton
    • United States
    • Mississippi Supreme Court
    • 24 Enero 1921
    ...McQuillan on Municipal Corporations, volume 6; 28 Cyc., page 1388 et seq., 28 Cyc., page 1507; Cutler v. Desmoines, 113 N.W. 1081; Parsons v. Manchester, 27 Atlantic, 88; King The City of Troy, 10 N.E. 442; Town of Monticello v. Kenard, 34 N.E. 454; City of Fort Wayne v. Dorgle, 37 N.E. 299......
  • Densmore v. City of Birmingham
    • United States
    • Alabama Supreme Court
    • 11 Junio 1931
    ... ... when he is using due care. City of Bessemer v ... Whaley, 187 Ala. 525, 65 So. 542. See, also, Parsons ... v. Manchester, 67 N.H. 163, 27 A. 88; Connor v ... Manchester, 73 N.H. 233, 60 A. 436. But that the ... operation of a "trash wagon" in ... ...
  • Tiller v. City of Monroe
    • United States
    • Court of Appeal of Louisiana — District of US
    • 28 Enero 1927
    ...short period. (See, Lorenz vs. City of New Orleans, 114 La. 802, 38 So. 566; Briel vs. Buffalo, 90 Hun 93, 35 N.Y.S. 359; Parsons vs. Manchester, 67 N.H. 163, 27 A. 88.) to the contention that the evidence does not show the plaintiff was in the exercise of ordinary care, she states that the......
  • Bernier v. Town of Whitefield
    • United States
    • New Hampshire Supreme Court
    • 6 Diciembre 1921
    ...maintained by the town, do not become parts of such structure within the meaning of the statute. A pile of refuse (Parsons v. Manchester, 67 N. H. 163, 27 Atl. 88) or of logs (Manchester v. Warren, 67 N. H. 482, 32 Atl. 763) left upon a bridge by a third person would not constitute an obstr......
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