Kendall v. Drake

Supreme Court of New Hampshire

Kendall v. Drake

30 A. 524, 67 N.H. 592

DecidedDecember 5, 1891

StatusPublished

This text of 30 A. 524 (Kendall v. Drake) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kendall v. Drake, 30 A. 524, 67 N.H. 592 (N.H. 1891).

Pincite

Opinion

TRESPASS, for assault and battery. The dividing line between the premises of adjoining owners was in dispute. The plaintiff, at the request of one of the owners, leaned against the fence erected by him upon the strip of land in dispute, one arm resting upon one of the rails, for the purpose of preventing its removal by the defendants. It being found that one of the defendants, with the approval of the others, in attempting the removal of the fence, injured the plaintiff by a want of due care in striking the rail against which she was leaning, the plaintiff recovered judgment.

CHASE, J., did not sit: the others concurred.

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TRESPASS, for assault and battery. The dividing line between the premises of adjoining owners was in dispute. The plaintiff, at the request of one of the owners, leaned against the fence erected by him upon the strip of land in dispute, one arm resting upon one of the rails, for the purpose of preventing its removal by the defendants. It being found that one of the defendants, with the approval of the others, in attempting the removal of the fence, injured the plaintiff by a want of due care in striking the rail against which she was leaning, the plaintiff recovered judgment.

CHASE, J., did not sit: the others concurred.

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Bluebook (online)

30 A. 524, 67 N.H. 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kendall-v-drake-nh-1891.