Taylor v. Thomas
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the defend.ant. Transferred from the April term, 1914, of the superior court by Branch, J., on the plaintiff’s exceptions to the admission of evidence and to instructions to the jury. The controversy is oyer responsibility for a collision between an .automobile driven by the defendant’s testator and a bicycle upon which the plaintiff was riding.
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Case, for negligence. Trial by jury and verdict for the defend.ant. Transferred from the April term, 1914, of the superior court by Branch, J., on the plaintiff’s exceptions to the admission of evidence and to instructions to the jury. The controversy is oyer responsibility for a collision between an .automobile driven by the defendant’s testator and a bicycle upon which the plaintiff was riding. Both vehicles were moving in the same direction upon a public street in Concord when the automobile overtook and struck the bicycle. Further facts appear in the •opinion.
1Opinion of the CourtPeaslee, J.
The deposition of a witness had been taken in behalf of the plaintiff. The defendant showed that the witness was ill and unable to be present in court, and offered the deposition in •evidence. The plaintiff excepted to the admission of the deposition because it was taken in his behalf and therefore could not be used .as evidence except at his election. George v. Fisk, 32 N. H. 32, is relied upon to sustain this contention. Such a rule is there laid •down (pp. 47,- 48): “Until it was used, it was a piece of evidence belonging to the plaintiff, which he had taken, and over which the defendant…
2Cases cited9 opinions
- Garland v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Brember v. JonesSupreme Court of New Hampshire · 1892
- Boston & Maine Railroad v. StateSupreme Court of New Hampshire · 1910
- Bresnehan v. GoveSupreme Court of New Hampshire · 1902
- Parsons v. DurhamSupreme Court of New Hampshire · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Ibach v. JacksonOregon Supreme Court · 1934
- State v. MannionSupreme Court of New Hampshire · 1927
- Caledonia, Inc. v. TrainorSupreme Court of New Hampshire · 1983
- Trinity & B. v. Ry. Co. v. GearyCourt of Appeals of Texas · 1917
- Cote v. CompanySupreme Court of New Hampshire · 1933
14 more not listed; retrieve them via the Exa API.