The New Hampshire Reports Volume 52

The New Hampshire Reports Volume 52

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ...same as in settlement cases, where the settlement of a person is in question, under whom the pauper is supposed to derive a settlement; and in such cases, it is well settled in New Hampshire, and elsewhere, that it is competent to prove that the town sought to be charged have supported other paupers deriving a settlement under the same person. This is the doctrine of Hopkinton v. Spi-2'-ngfielol, 12 N. H. 328; Pitts and Harpswell v. Phipsburg, 29 Me. 313. In these cases the question is, whether the pauper had a settlement in the town sought to be charged; and proof that the town admitted the settlement of the person under whom the pauper claims, by paying for the support of another claiming under the same person, is substantially the same as the admission of the defect in the highway by paying the claim of another person who was injured by it. There are many other illustrations of the same doctrine, as where the question is whether A isjointly liable with B for a debt incurred in a particular business: proof that A has paid to other ' persons debts contracted in the same business is constantly admitted, as in cases of alleged partnership, agency, and the like;--and the case before us stands in principle upon the same footing. The remaining question respects the instructions given to the jury. They were told that the 'plaintiff could not recover unless there was fault or negligence on the part of the town, ---that is, unless there was a defect or obstruction in the highway, which the town, under all the circumstances shown, ought to have remedied before the accident. So far the instructions were clearly right, and, as we understand it, there was no exception to them. The other part of the instruction went upon the ground that more

Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236932757
  • 9781236932754