Kuba v. Devonshire Mills
Supreme Court of New Hampshire
Case, under c. 163, Laws of 1911, to recover for injuries received' by the plaintiff while in the defendants’ employ. Trial by jury. The defendants pleaded the general issue with a brief statement setting up a release under seal given in consideration of the payment, of §175. The jury were instructed that they should pass upon the validity of the release before considering the defendants’ liability for the plaintiff’s injury.
Read the full summary
Case, under c. 163, Laws of 1911, to recover for injuries received' by the plaintiff while in the defendants’ employ. Trial by jury. The defendants pleaded the general issue with a brief statement setting up a release under seal given in consideration of the payment, of §175. The jury were instructed that they should pass upon the validity of the release before considering the defendants’ liability for the plaintiff’s injury. They found the release was obtained by defendants’ fraud and deceit but returned a general verdict for the defendants. The jury were instructed that a release, however…
1Opinion of the CourtParsons, C. J.
The jury having found that the defendants were not liable, it is immaterial whether the issue as to fraud in obtaining the release, which was separately determined, was or was not correctly tried. The instructions to which the first exception is taken were upon this issue of fraud on which the jury found for the plaintiff. A verdict is not set aside for an error which the course of the trial renders immaterial or which is against the prevailing party. Parkinson v. Railroad, 61 N. H. 416, 417; Kingsley v. Holbrook, 45 N. H. 313, 323; Graves v. Graves, 45 N. H. 323. If the defendants were not…
2Cases cited6 opinions
- Parkinson v. Nashua & Lowell R. R.Supreme Court of New Hampshire · 1881
- Challis v. LakeSupreme Court of New Hampshire · 1901
- Hersey v. HutchinsSupreme Court of New Hampshire · 1899
- Lockwood v. American Express Co.Supreme Court of New Hampshire · 1913
- Woodman v. NorthwoodSupreme Court of New Hampshire · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Small v. SaundersSupreme Court of New Hampshire · 1925
- Twarog v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1921
- Race v. Graves & Ramsdell Co.Supreme Court of New Hampshire · 1919