Spead v. Tomlinson
Supreme Court of New Hampshire
Case, to recover for damages alleged to have been suffered by the plaintiff at the hands of the defendant, who is a Christian Science healer. Transferred from the April term, 1902, of the superior court by Peaslee, J. The declaration contains counts in contract, negligence, and deceit. Two trials were had in the superior court. At the first trial a verdict was ordered for the defendant upon the count in contract, subject to the plaintiff’s exception.
Read the full summary
Case, to recover for damages alleged to have been suffered by the plaintiff at the hands of the defendant, who is a Christian Science healer. Transferred from the April term, 1902, of the superior court by Peaslee, J. The declaration contains counts in contract, negligence, and deceit. Two trials were had in the superior court. At the first trial a verdict was ordered for the defendant upon the count in contract, subject to the plaintiff’s exception. The case was submitted to the jury upon the other counts, and a disagreement resulted. The court refused to transfer the question raised by the…
1Opinion of the Court
1. Whether the verdict was properly directed for the defendant at the first trial upon the count in contract is not considered, as the question is not before us. At the time of the second trial the counts in negligence and deceit presented the only issues of fact that remained undisposed of; and while judgment had not been ordered upon the verdict directed upon the count in contract, it seems, as the case then stood, that there was no occasion for a trial of any issue of fact upon that count, and the record presents no error in the ruling of the court as to this matter.
2. In arguing the…
2Cases cited4 opinions
- Patten v. WigginSupreme Judicial Court of Maine · 1862
- Carpenter v. BlakeNew York Supreme Court · 1871
- Howard v. GroverSupreme Judicial Court of Maine · 1848
- Leighton v. SargentSuperior Court of New Hampshire · 1853
3Cited by18 opinions
- Janssen v. MulderMichigan Supreme Court · 1925
- Christensen v. ThornbySupreme Court of Minnesota · 1934
- Moore v. MooreCourt of Appeals of Texas · 1924
- McBride v. HuckinsSupreme Court of New Hampshire · 1911
- Griswold v. MorrisonCalifornia Court of Appeal · 1921
13 more not listed; retrieve them via the Exa API.