Merrill v. Perkins
Supreme Court of New Hampshire
Case, for entering the house occupied by the plaintiff and her husband and children, and taking out the doors and windows, tearing up the floor, and making a noise and disturbance, whereby the plaintiff was exposed, frightened, and disturbed, prematurely delivered of a child, and seriously injured in health. The defendant’s objection, that the plaintiff cannot recover in this form of action, was overruled.
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Case, for entering the house occupied by the plaintiff and her husband and children, and taking out the doors and windows, tearing up the floor, and making a noise and disturbance, whereby the plaintiff was exposed, frightened, and disturbed, prematurely delivered of a child, and seriously injured in health. The defendant’s objection, that the plaintiff cannot recover in this form of action, was overruled. On the cross-examination of the plaintiff’s husband, the defendant asked him if he had been notified to quit every house he had lived in for ten years, and been put out by legal proceedings…
1Opinion of the CourtDoe, C. J.
The objection to the form of action might have been obviated at the trial by an amendment of the declaration, add ing a new count in trespass. Stebbins v. L. Ins. Co., 59 N. H. 143. And as the amendment, if made before the trial, would not have affected the trial or the verdict, it may be made now without disturbing the verdict. Roulo v. Valcour, 58 N. H. 347. It does not appear to be necessary to inquire whether case, or trespass, is the right form of action.
The question put to the plaintiff’s husband was asked for the purpose of disparaging his credibility. How far justice required the…
2Cases cited3 opinions
- Stebbins v. Lancashire Ins.Supreme Court of New Hampshire · 1879
- Gutterson v. MorseSupreme Court of New Hampshire · 1877
- Roulo v. ValcourSupreme Court of New Hampshire · 1878
3Cited by10 opinions
- Owen v. WestonSupreme Court of New Hampshire · 1885
- Milne v. Burlington Homes, Inc.Supreme Court of New Hampshire · 1977
- Peaslee v. DudleySupreme Court of New Hampshire · 1884
- Hayes v. ColbySupreme Court of New Hampshire · 1889
- Perkins v. RobergeSupreme Court of New Hampshire · 1897
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