Niemi v. Boston & Maine Railroad

On Rehearing. After the foregoing opinion was filed the motion of the plaintiffs in the first three actions for a rehearing was granted upon the issue of the effect of contributory fault.

Allen, C. J.

The motions for directed verdicts at the trial, being general, raised the issue of the right to them either by reason of an insufficiency of evidence for the plaintiffs or of conclusive proof of a, good defence. Williams v. Duston, 79 N. H. 490, 491; Dwyer v. Insurance Co., 72 N. H. 572, 576. Neither the course of the trial nor failure to except to the charge affected the standing of the motions.…