58 N.H. 226 | N.H. | 1877
The jury found, as a fact, that the want of a gate in the *227 plaintiff's drain did not occasion the injury, nor contribute to it. This finding makes it unnecessary to consider the exceptions to the evidence, and to the instructions of the court relating to the question of waiver, by the defendants, of the requirements of their ordinance.
The object of the ordinance was, to require the plaintiff to prevent the flowing back of water from the defendants' sewer; and as the jury found that the injury complained of was not the result of the plaintiff's failure to comply with the ordinance, he is not barred by it from recovering.
A request for instructions to a jury, that a variance exists between the proof and declaration, when no objection to the evidence or motion for a nonsuit has been made, is out of season. Objections to evidence, unless made at the earliest practicable moment after its introduction and its bearing is understood, will ordinarily be considered as waived — Bassett v. Salisbury Mfg. Co.,
Judgment on the verdict.
STANLEY, BINGHAM, SMITH, and CLARK, JJ., did not sit.