Craig v. Gerrish
Supreme Court of New Hampshire
Debt, under Gen. St., c. 105, s. 8. The evidence tended to show that the plaintiff was bitten by a dog kept on the defendant’s premises, June 21, 1876. A witness, who saw the plaintiff two days after she was injured, described the wound and its appearance as being inflamed or tender to the touch, and was allowed to testify, subject to the defendant’s exception, that she then complained of stiffness in the fingers and in the neck and jaws, and that since she was injured he…
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Debt, under Gen. St., c. 105, s. 8. The evidence tended to show that the plaintiff was bitten by a dog kept on the defendant’s premises, June 21, 1876. A witness, who saw the plaintiff two days after she was injured, described the wound and its appearance as being inflamed or tender to the touch, and was allowed to testify, subject to the defendant’s exception, that she then complained of stiffness in the fingers and in the neck and jaws, and that since she was injured he had observed that she could not use her arm as she could before. The defendant moved for a nonsuit, — first, because the…
1Opinion of the CourtStanley, J.
It was competent for the witness to state the complaints made by the plaintiff, and how she used her arm after the injury. Perkins v. R. R., 44 N. H. 223; Howe v. Plainfield, 41 N. H. 135; Spear v. Richardson, 34 N. H. 428.
The question raised by the first ground of the motion for a nonsuit is decided in Orne v. Roberts, 51 N. H. 110; and we see no reason to change it. The second ground of the motion was, that the statute, authorizing the recovery of double damages, is unconstitutional. It is conceded, that, if it is a penal statute, it is not open to this objection. The language used, “ shall…
2Cases cited1 opinion
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
3Cited by3 opinions
- LaBarre v. DaneaultSupreme Court of New Hampshire · 1983
- Quimby v. WoodburySupreme Court of New Hampshire · 1885
- Allgeyer v. LincolnSupreme Court of New Hampshire · 1984