Sewell v. Webster
Supreme Court of New Hampshire
Petition, under Gen. Laws, c. 75, s. 9, for leave to file the statement required by s. 7. Facts found at the trial term. The plaintiff was confined to his house for' more than ten days after an accident upon a highway, from the injuries then received. He was not unconscious, nor unable to relate the circumstances of the accident, nor unable to describe the locality.
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Petition, under Gen. Laws, c. 75, s. 9, for leave to file the statement required by s. 7. Facts found at the trial term. The plaintiff was confined to his house for' more than ten days after an accident upon a highway, from the injuries then received. He was not unconscious, nor unable to relate the circumstances of the accident, nor unable to describe the locality. He employed a competent person to prepare the statement required by s. 7, to whom the supposed place of the accident was pointed out by the plaintiff’s attending physician. The plaintiff’s wife was riding with him at the time of…
1Opinion of the CourtSmith, J.
It is a question of fact whether the plaintiff was • unavoidably prevented from seasonably filing a sufficient claim for damages: so, also, whether manifest injustice would be done if not now allowed to file it. These questions have been determined at the trial term, and the action of the court at that term in the determination of pure questions of fact are not ordinarily reserved, and if reserved, are not generally considered at the law term. Fuller v. Bailey, 58 N. H. 71. If these questions can be said to be mixed questions of law and fact, we discover no legal error in the result which was…
2Cases cited1 opinion
- Fuller v. BaileySupreme Court of New Hampshire · 1877
3Cited by6 opinions
- Harvey v. NorthwoodSupreme Court of New Hampshire · 1889
- Boyd v. DerrySupreme Court of New Hampshire · 1895
- Hendry v. North HamptonSupreme Court of New Hampshire · 1901
- Page v. CamptonSupreme Court of New Hampshire · 1884
- Pitman v. MerrimanSupreme Court of New Hampshire · 1920
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