Legal Opinion
Newell v. Moreau
Supreme Court of New Hampshire
Decided November 4, 1947No. 3667PublishedCited by 37 opinions
1Opinion of the Court
As a preliminary matter, the findings of fact made by the Trial Court being supported by the evidence are accepted as true. We will consider the legal questions involved in the order in which they have been discussed in the defendant's brief.
It is argued that Newell's death was not "by accident" within the meaning of R. L., c. 216, s. 2. The trend of the recent cases regard assaults by design as accidental. From the point of view of. the victim and in a popular sense (Moore v. Company, 88 N.H. 134, 138), Newell's death was sudden, unexpected and truly accidental. The majority of the cases,…
2Cases cited11 opinions
- Matter of Leonbruno v. . Champlain Silk MillsNew York Court of Appeals · 1920
- Duncan v. Perry Packing Co.Supreme Court of Kansas · 1946
- Echols v. Chattooga Mercantile CompanyCourt of Appeals of Georgia · 1946
- Hegler v. Cannon Mills Co.Supreme Court of North Carolina · 1944
- Maltais v. Equitable Life Assurance Society of the United StatesSupreme Court of New Hampshire · 1944
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3Cited by37 opinions
- Crilly v. BallouMichigan Supreme Court · 1958
- Wing v. MorseSupreme Judicial Court of Maine · 1973
- LaBonte v. National Gypsum Co.Supreme Court of New Hampshire · 1970
- Secor v. Penn Service GarageSupreme Court of New Jersey · 1955
- Vittum v. New Hampshire InsuranceSupreme Court of New Hampshire · 1977
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