Case, for negligence. Trial by jury and verdict for the defendants. Transferred from the October term, 1903, of the superior court by Pike, J. June 15, 1901, the plaintiff, while riding a bicycle along a highway in Hampton, ran into an open culvert, the sides of which it was claimed formed a dangerous embankment, and was injured.
Good law ✅— No negative treatment on recordhow we know
Decided 1904-10-04
How this case has been cited
Cited by 6 later decisions — most recently April 1976
6 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
The first exception was not seasonably taken, And whatever objection there might be to the evidence was waived. The second exception is unavailing, because it is a natural inference from the testimony that whenever the witness had seen the plaintiff riding on the sidewalk it was in the vicinity of the place of the accident. And it is not open to serious doubt that the previous habit of the plaintiff to ride her bicycle on the .•sidewalk near the place of the accident was competent evidence that at that time she was occupying that part of the highway.
State
v.
Railroad,
52 N. H. 528, 549;
Proctor
v.
Freezer Co.,
70 N. H. 3.
