Griffin v. Auburn
Supreme Court of New Hampshire
Case, for injuries on a highway leading from Chester to Auburn village. It appeared that the plaintiff’s sons, Willard and, John, lived with their father at the time of the accident, and have since; that when the horses came home, they immediately harnessed one of them and started for their father, and, finding him injured in the highway, took him home.
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Case, for injuries on a highway leading from Chester to Auburn village. It appeared that the plaintiff’s sons, Willard and, John, lived with their father at the time of the accident, and have since; that when the horses came home, they immediately harnessed one of them and started for their father, and, finding him injured in the highway, took him home. Willard Griffin, a witness for the plaintiff, testified in substance that he went to the place of accident the next morning; that he examined the place, and followed the wheel-track to the tree against which the plaintiff’s wagon struck, and…
1Opinion of the CourtFoster, J.
The jury, having returned a verdict for the plaintiff, found that a defect in the defendants’ highway was the cause of damage to the plaintiff, without any contributory negligence on his part. The testimony of Willard, John, and Sebastian Griffin, if competent, bore, not on the question of damages, but on the question of the defendants’ liability. It is therefore unnecessary to consider whether it was competent or not. Being immaterial on the question of damages, and not being of such a character as to prejudice the jury against the plaintiff, it cannot avail to set aside the verdict on the…
2Cited by2 opinions
- Beckley v. AlexanderSupreme Court of New Hampshire · 1914
- Lucier v. LaroseSupreme Court of New Hampshire · 1889