Petition, under Gen. Laws, c. 75, s. 9, for leave to file the statement required by s. 7. Facts found at the trial term. The plaintiff was confined to his house for' more than ten days after an accident upon a highway, from the injuries then received. He was not unconscious, nor unable to relate the circumstances of the accident, nor unable to describe the locality.
Good law ✅— No negative treatment on recordhow we know
Decided 1880-06-05
How this case has been cited
Cited by 11 later decisions — most recently April 1933
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
It is a question of fact whether the plaintiff was • unavoidably prevented from seasonably filing a sufficient claim for damages: so, also, whether manifest injustice would be done if not now allowed to file it. These questions have been determined at the trial term, and the action of the court at that term in the determination of pure questions of fact are not ordinarily reserved, and if reserved, are not generally considered at the law term.
Fuller
v. Bailey, 58 N. H. 71. If these questions can be said to be mixed questions of law and fact, we discover no legal error in the result which was reached.
Bolles
v.
Dalton, ante
479.
¶2
Whether travelling on Sunday is or is not a violation of law is immaterial. Such a traveller may recover for injuries received from a defective highway if the town is otherwise liable, for the illegality of the act in no way contributes to the accident.
Norris
v.
Litchfield,
35 N. H. 271;
Corey
v.
Bath,
35 N. H. 530, 541.
