59 N.H. 291 | N.H. | 1879
The question is whether the instructions requested were correct. There was evidence from which the jury might find that the embankment way was dedicated to the public travel and was used as a highway for twenty years without interruption. A way so dedicated and used becomes a highway by prescription, and evidence of such dedication and user is conclusive not only against the land-owner, but also against the town sought to be charged with the duty of keeping the highway in repair. Stevens v. Nashua,
Whether it was want of ordinary care for the plaintiff not to stop before attempting to cross the bridge, — whether in fact he was guilty of negligence which contributed to his injury, — was for the jury — Daniels v. Lebanon,
Exceptions overruled.
BINGHAM, J., did not sit: the others concurred.