Supreme Court of New Hampshire December 5, 1877 (Nutt v. Manchester)

Allen, J.

The jury found, as a fact, that the want of a gate in the

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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.