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Gould v. Hutchins

Gould v. Hutchins.

Gould v. Hutchins, 58 A. 1046 (N.H. 1904)
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Court
Supreme Court of New Hampshire · State Highest Courts
Decided
October 4, 1904
Judges
Walker
Citations
58 A. 104673 N.H. 691904 N.H. LEXIS 13
Headnotes
Upon the question whether the plaintiff's horse was frightened by an obstruction in a highway, evidence that other horses while passing the same object were not frightened may be competent.
Summary
CAsE, for negligently leaving in the highway six cakes of ice, which frightened the plaintiff's horse and caused him to run away and to be injured. Trial by the court and verdict for the plaintiff. Transferred from the November term, 1903, of the superior court by StoneS J. The defendant claimed that the cakes of ice, as left in the high-. way, were not calculated to frighten horses of ordinary gentleness, and offered testimony to show that other horses passed the same place during the same time and in the same manner, and were not frightened by the ice. The evidence was excluded, not on tile-ground of an exercise of judicial discretion, but because immaterial, and the defendant excepted.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Walker

Walker, J.

As the case is understood, the trial judge ruled' that the experimental evidence offered by the defendant, of the liability of the ice to frighten horses, was as a matter of law incompetent. In view of the settled law of this state (Darling v. Westmoreland, 52 N. H. 401;

Gordon v. Railroad, 58 N. H. 396; D ow v. Weare, 68 N. H. 345;

Folsom v. Railroad, 68 N. H. 454, 461), the evidence was clearly competent, unless it was too remote-as a matter of fact. But as the evidence was not excluded upon the ground of remoteness, but because legally incompetent (Challis v. Lake, 71 N. H. 90, 95;

Watson v. Twombly, 60 N. H. 491, 493), the order must be, Exception sustained.

All concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1916: 11933: 11945: 119162026peak 1916 · 1

Relies on it most ⓘ

  1. Menard v. Cashman41 A.2d 222 (N.H. 1945)
  2. Bailey Lumber Co. v. Boston & Maine Railroad97 A. 555 (N.H. 1916)
  3. Bennett v. Illinois Power & Light Corp.271 Ill. App. 182 (1933)

Most recent

  1. Menard v. Cashman41 A.2d 222 (N.H. 1945)
  2. Bennett v. Illinois Power & Light Corp.271 Ill. App. 182 (1933)
  3. Bailey Lumber Co. v. Boston & Maine Railroad97 A. 555 (N.H. 1916)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Folsom v. Concord & Montreal R.R., 38 A. 209 (N.H. 1896) 21
Dow v. Weare, 44 A. 489 (N.H. 1895) 9
Challis v. Lake, 51 A. 260 (N.H. 1901) 8
Watson v. Twombly, 60 N.H. 491 (1881) 6
Gordon v. Boston & Me. R.R., 58 N.H. 396 (1878) 4

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