Prichard v. Boscawen
Supreme Court of New Hampshire
Petition, for leave to file a statement of personal injuries under P. S., c. 76, ss. 8, 9. Transferred from the April term, 1915, of the superior court by Chamberlin, J. The court found that the plaintiff was unavoidably prevented from filing her claim within the time prescribed by the statute and that manifest injustice would be done unless she is now permitted to file the same.
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Petition, for leave to file a statement of personal injuries under P. S., c. 76, ss. 8, 9. Transferred from the April term, 1915, of the superior court by Chamberlin, J. The court found that the plaintiff was unavoidably prevented from filing her claim within the time prescribed by the statute and that manifest injustice would be done unless she is now permitted to file the same. The court granted her petition, and the defendant excepted upon the ground that the evidence did not warrant the above finding. It was not disputed that the plaintiff, some sixty-seven years of age, on the morning of…
1Opinion of the CourtWalker, J.
The question raised by the defendant’s exception-is whether the evidence is sufficient to support the finding of the superior court that manifest injustice would be done, unless the plaintiff is permitted to file her claim against the defendant for the injuries she suffered. P. S., c. 76, s. 9. If it appeared that she could have no recoverable claim therefor, it would necessarily follow that a denial of her petition would not result in manifest injustice. Owen v. Derry, 71 N. H. 405. But such denial is not ordinarily ordered, unless it conclusively appears from the admitted facts or the…
2Cases cited12 opinions
- Stevens v. United Gas & Electric Co.Supreme Court of New Hampshire · 1905
- Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Ela v. Postal Telegraph Cable Co.Supreme Court of New Hampshire · 1901
- Harriman v. MooreSupreme Court of New Hampshire · 1907
- Knight v. HaverhillSupreme Court of New Hampshire · 1915
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Marshall v. NugentCourt of Appeals for the First Circuit · 1955
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Piateck v. SwindellSupreme Court of New Hampshire · 1930
- Hussey v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926
- Cozzi v. HooksettSupreme Court of New Hampshire · 1931
9 more not listed; retrieve them via the Exa API.