Bernier v. Nute
Supreme Court of New Hampshire
Trespass to the person. Trial by jury and verdict for the defendant. Transferred from the October term, 1914, of the superior court by Branch, J. The instructions to the jury contained the following: “In deciding whether the plaintiff has sustained his burden, in weighing the evidence you should consider the interest which any of the witnesses who have testified here may have in the outcome of the case, their appearance on the stand, their apparent prejudice or candor; and…
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Trespass to the person. Trial by jury and verdict for the defendant. Transferred from the October term, 1914, of the superior court by Branch, J. The instructions to the jury contained the following: “In deciding whether the plaintiff has sustained his burden, in weighing the evidence you should consider the interest which any of the witnesses who have testified here may have in the outcome of the case, their appearance on the stand, their apparent prejudice or candor; and in that connection it would be proper for you to consider the associations which may have taken place between these…
1Opinion of the CourtPlummer, J.
Whether cautionary instructions of a certain character shall be given necessarily rests very largely in the discretion of the trial court. The presiding judge is in a position to determine if the instructions seem to be required for the promotion of justice. He has an opportunity to observe and hear the parties and their witnesses, and is surrounded by the atmosphere of the trial, and is peculiarly qualified to decide what cautionary instructions are necessary, Birmingham etc. Co. v. Pulver, 126 Ill. 329; Hughes Instruc. Jur., s. 49.
All that we know about this cause is gained from reading the…
2Cases cited2 opinions
- Birmingham Fire Insurance v. PulverIllinois Supreme Court · 1888
- Little v. McGuireSupreme Court of Iowa · 1876
3Cited by2 opinions
- State v. BarrySupreme Court of New Hampshire · 1943
- McDonald v. ElkinsSupreme Court of New Hampshire · 1936