State Ex Rel. Borthwick v. Harrington
Supreme Court of New Hampshire
Petition, alleging that on July 19, 1897, the defendant Henry C. Fife was the occupant of premises on Nutfield lane in Manchester, and maintained a liquor nuisance therein; that the other defendants were the owners of said premises and suffered and permitted him so to do, and praying for an injunction to restrain and abate the nuisance.
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Petition, alleging that on July 19, 1897, the defendant Henry C. Fife was the occupant of premises on Nutfield lane in Manchester, and maintained a liquor nuisance therein; that the other defendants were the owners of said premises and suffered and permitted him so to do, and praying for an injunction to restrain and abate the nuisance. The following issues were submitted to the jury: Did said Fife, on July 19, 1897, use the said premises for the salé, or the illegal keeping for sale, of spirituous or malt liquors, wine, or cider ? Did each of the other defendants, on July 19,1897, suffer or…
1Opinion of the CourtWallace, J.
A verdict will be directed when only one conclusion can fairly be drawn from the evidence and it is plain a different verdict would be set aside. Arnold v. Prout, 51 N. H. 587; Allen v. Railroad, ante, p. 271. The uncontradicted evidence clearly established the existence of the alleged illegal use of the premises. Upon that question there was no evidence which would support a verdict in favor of the defendants. This being so, there was no occasion to submit this question to a jury. As to the existence of the nuisance, a verdict should have been directed in favor of the plaintiffs.
The verdict…
2Cases cited1 opinion
- State Ex Rel. Rhodes v. SaundersSupreme Court of New Hampshire · 1889
3Cited by8 opinions
- State v. CorronSupreme Court of New Hampshire · 1905
- Nawn v. Boston & Maine RailroadSupreme Court of New Hampshire · 1914
- Minot v. Boston & Maine RailroadSupreme Court of New Hampshire · 1907
- Lally v. Prudential Insurance Co. of AmericaSupreme Court of New Hampshire · 1909
- Berry v. MerrillSupreme Court of New Hampshire · 1932
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