Legal Opinion

Lemay v. Demers

Supreme Court of New Hampshire

Decided May 4, 1915PublishedCited by 5 opinions

Case, for negligence. Trial by jury and verdict for the defendant. Transferred from the September term, 1914, of the superior court by Chamberlin, J. The action was brought to recover for injuries received in a collision between motor cycles operated by the plaintiff and the defendant. In closing argument the defendant’s counsel used the following language: “I think I need say nothing more. The man was injured.

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Case, for negligence. Trial by jury and verdict for the defendant. Transferred from the September term, 1914, of the superior court by Chamberlin, J. The action was brought to recover for injuries received in a collision between motor cycles operated by the plaintiff and the defendant. In closing argument the defendant’s counsel used the following language: “I think I need say nothing more. The man was injured. We are not concerned in his injuries in this case outside of the sympathy we have for him, that anybody would have for him, in his injury. But when he comes to Honoré Demers and says,…

1Opinion of the CourtPlummer, J.

The natural tendency of the objectionable remarks

was to arouse sympathy for the defendant and render the trial unfair. It was an improper attempt to get before the jury a statement of fact favorable to the defendant and prejudicial to the plaintiff, which was not in evidence and, if it had been offered, would have been excluded. The case is not to be distinguished from Caverhill v. Railroad, ante, 330, in which counsel for the plaintiff argued “that the verdict asked was not a very serious matter to the railroad, ‘taking from them a few coppers, . . . but it means a good deal to her.’ ” This…

2Cases cited2 opinions

  1. Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
  2. Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900

3Cited by5 opinions

  1. State v. KetchenSupreme Court of New Hampshire · 1921
  2. McDonnell v. MerrillSupreme Court of New Hampshire · 1920
  3. Duplessis v. GuyonSupreme Court of New Hampshire · 1922
  4. Cote v. MichouSupreme Court of New Hampshire · 1921
  5. Chapman v. LeeSupreme Court of New Hampshire · 1922

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