St. Pierre v. Foster
Supreme Court of New Hampshire
Petition, for a new trial of the action between the same parties, reported 74 N. H. 4. Transferred from the. September term, 1907, of the superior court by Eeaslee, J., upon exception to the denial of the petition. The plaintiff was not in fault for the non-production of the evidence, the want of which vitiated the former verdict in his favor. This evidence can be supplied, and in such case it is likely a jury will find a verdict for the plaintiff sustainable upon the law.
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Petition, for a new trial of the action between the same parties, reported 74 N. H. 4. Transferred from the. September term, 1907, of the superior court by Eeaslee, J., upon exception to the denial of the petition. The plaintiff was not in fault for the non-production of the evidence, the want of which vitiated the former verdict in his favor. This evidence can be supplied, and in such case it is likely a jury will find a verdict for the plaintiff sustainable upon the law. It appeared to the court that the jury ought to find a verdict for the defendants; and because of this view of the weight…
1Opinion of the CourtParsons, C. J.
The verdict which the plaintiff obtained against the defendants was set aside and a verdict and judgment were-ordered for the defendants, upon the ground that no evidence was offered upon an issue necessary for the plaintiff to prove to establish the defendants’ liability. St. Pierre v. Foster, 74 N. H. 4. The plaintiff now asks for an opportunity to try this issue. It is found that the plaintiff was not in fault for not presenting evidence upon this issue at the former trial, and that if a trial is permitted the jury will probably find for the plaintiff a verdict sustainable upon the law.…
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