Flaherty v. Manchester Street Railway
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for the defendant. After the case had been submitted to the jury and had been for some time under their consideration, the court gave them further instructions, and directed them to answer the following questions: “Was the plaintiff guilty of any negligence contributing to his accident?” “Was the defendant (by its servants) guilty of any negligence which contributed to the accident?” The jury answered both questions in…
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Case, for personal injuries. Trial by jury and verdict for the defendant. After the case had been submitted to the jury and had been for some time under their consideration, the court gave them further instructions, and directed them to answer the following questions: “Was the plaintiff guilty of any negligence contributing to his accident?” “Was the defendant (by its servants) guilty of any negligence which contributed to the accident?” The jury answered both questions in the affirmative, and under the direction of the court, the foreman signed a verdict for the defendant. The plaintiff made…
1Opinion of the CourtPlummer, J.
Whether a verdict should be set aside as against the weight of evidence is for the trial judge. Fuller v. Bailey, 58 N. H. 71; Hovey v. Brown, 59 N. H. 114; Merrill v. Perkins, 61 N. H. 262; Little v. Upham, 64 N. H. 279; Lucier v. Larose, 66 N. H. 141; Abbott v. Railroad, 69 N. H. 176; Pitman v. Mauran, 69 N. H. 230. This court has never been disposed to disturb a decision of the trial court in this class of cases. Doe, C. J. in Fuller v. Bailey, supra, said: “The question, whether a verdict is against the evidence, is one which the court at the trial term would not ordinarily reserve, and…
2Cases cited8 opinions
- Fuller v. BaileySupreme Court of New Hampshire · 1877
- Hovey v. BrownSupreme Court of New Hampshire · 1879
- Burnham v. ButlerSupreme Court of New Hampshire · 1879
- Pitman v. MauranSupreme Court of New Hampshire · 1897
- Lucier v. LaroseSupreme Court of New Hampshire · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- Reynolds v. Maine Manufacturing Co.Supreme Court of New Hampshire · 1925
- Schoolcraft v. O'NeilSupreme Court of New Hampshire · 1924