Nadeau v. Sawyer
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for the defendant. Transferred from the April term, 1904, of the superior court by Stone, J. On the day of the accident the plaintiff was traveling on a highway with a horse and wagon. The defendant was following-in an automobile, at a much faster rate of speed; and when he attempted to pass the plaintiff, her horse became frightened, and she was thrown from her carriage and injured.
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Case, for personal injuries. Trial by jury and verdict for the defendant. Transferred from the April term, 1904, of the superior court by Stone, J. On the day of the accident the plaintiff was traveling on a highway with a horse and wagon. The defendant was following-in an automobile, at a much faster rate of speed; and when he attempted to pass the plaintiff, her horse became frightened, and she was thrown from her carriage and injured. There was evidence tending to prove that as the defendant approached the plaintiff from behind he gave warning of his presence by sounding a horn, and…
1Opinion of the CourtYoung, J.
It was incumbent upon the plaintiff to show that she used ordinary care to avoid being injured. If the statute read does not prescribe what shall constitute such care when a traveler is notified that another person who is traveling in the same direction desires to pass him, it is evidence relevant to that issue. State v. Railroad, 58 N. H. 408, 410; Clark v. Railroad, 64 N. H. 328; Evans v. Railroad, 66 N. H. 194; Brember v. Jones, 67 N. H. 374; Bly v. Railway, 67 N. H. 474; Smith v. Railway, 69 N. H. 504; Lane v. Concord, 70 N. H. 485; Bresnehan v. Gove, 71 N. H. 236.
If the portion of the…
2Cases cited16 opinions
- Brember v. JonesSupreme Court of New Hampshire · 1892
- Lane v. ConcordSupreme Court of New Hampshire · 1900
- Parkinson v. Concord Street RailwaySupreme Court of New Hampshire · 1901
- Bresnehan v. GoveSupreme Court of New Hampshire · 1902
- Matthews v. CloughSupreme Court of New Hampshire · 1900
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3Cited by15 opinions
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- State ex rel. Townsend v. Board of Park CommissionersSupreme Court of Minnesota · 1907
- City of Keene v. Gerry's Cash Market, Inc.Supreme Court of New Hampshire · 1973
- McDonnell v. Town of DerrySupreme Court of New Hampshire · 1976
- Portland Baseball Club v. City of PortlandOregon Supreme Court · 1933
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