Chesley v. HARVEY INDUSTRIES, INC.
Supreme Court of New Hampshire
1Opinion of the CourtDuggan, J.
The plaintiff, Elmer E. Chesley, appeals a decision of the Superior Court (McGuire, J.) dismissing his civil action against the defendant, Harvey Industries, Inc., for failure to file within the three-year statute of limitations. See RSA 508:4 (1997). We reverse and remand.
Because this case was decided on a motion to dismiss, we assume the facts alleged in the plaintiffs writ to be true. See Donnelly v. Eastman, 149 N.H. 631, 632 (2003). On December 5,2003, the plaintiff purchased a ladder from the defendant. The same day, as the plaintiff was using the ladder, “one of the ladder stabilizer…
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- Pelletier v. City of ManchesterSupreme Court of New Hampshire · 2004
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