Legal Opinion

Batchelder v. Manchester Street Railway

Supreme Court of New Hampshire

Decided December 1, 1903PublishedCited by 12 opinions

Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1903, of the superior ■court by Wallace, C. J. The evidence tended to prove the following facts: The defendants operated a line of street railway between the city of Manchester and Massabesic lake in the summer of 1900, and at the latter place maintained a pavilion and a theater. They transported large crowds of people to and from the pavilion.

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Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1903, of the superior ■court by Wallace, C. J. The evidence tended to prove the following facts: The defendants operated a line of street railway between the city of Manchester and Massabesic lake in the summer of 1900, and at the latter place maintained a pavilion and a theater. They transported large crowds of people to and from the pavilion. On the evening of August 28, the plaintiff, having attended the theater, was attempt-; ing to get' upon a car to return to the city, when she was…

1Opinion of the CourtChase, J.

The ruling of the court excluding the testimony offered by the plaintiff was the law of the trial, even if upon further examination it should be found that the testimony was competent (Bu llard v. Railroad, 64 N. H. 27; Felch v. Railroad, 66 N. H. 318, 320; Mitchell v. Railroad, 68 N. H. 96; Tyler v. Railroad, 68 N. H. 331; Shute v. Company, 69 N. H. 210), and did not fall within the class of testimony which the court may, in the exercise of their discretion, reject or receive according as they find that its bearing upon the main issues of the trial is or is not remote. The exception afforded…

2Cases cited7 opinions

  1. Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
  2. Bullard v. Boston & Maine RailroadSupreme Court of New Hampshire · 1886
  3. Demars v. Glen Manufacturing Co.Supreme Court of New Hampshire · 1892
  4. Felch v. Concord RailroadSupreme Court of New Hampshire · 1890
  5. Dow v. WeareSupreme Court of New Hampshire · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Cavanaugh v. General Accident Fire & Life Assurance Corp.Supreme Court of New Hampshire · 1919
  2. Connecticut River Power Co. v. DickinsonSupreme Court of New Hampshire · 1909
  3. Palmer v. DimickSupreme Court of New Hampshire · 1915
  4. United States v. Edward SawyerCourt of Appeals for the Second Circuit · 1972
  5. Marcotte v. Maynard Shoe Co.Supreme Court of New Hampshire · 1912

7 more not listed; retrieve them via the Exa API.

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