Foss v. Portsmouth, Dover & York Railway
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the September term,. 1904, of the superior court by Stone, J. August 28, 1903, there was a collision between two of the defendants’ cars, upon one of which the plaintiff was riding, in consequence of which she claimed to have sustained physical injuries. Whether she was injured by the collision was the issue tried.
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Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the September term,. 1904, of the superior court by Stone, J. August 28, 1903, there was a collision between two of the defendants’ cars, upon one of which the plaintiff was riding, in consequence of which she claimed to have sustained physical injuries. Whether she was injured by the collision was the issue tried. Upon the cross-examination of one of the plaintiff’s witnesses, a physician, the defendants’ counsel asked him about the relative authority of certain medical writers on nervous diseases and…
1Opinion of the CourtWalker, J.
The defendant claims that the remark of the court was prejudicial and rendered the trial unfair. But as it was conditional in form, and as it was not even the statement of a fact, it could have conveyed no information to the jury as to the reliability of medical theories advanced by the medical witnesses. The court in effect said that he did not know whether much information could be derived from medical books — a statement which was plainly immaterial and harmless. Dow v. Electric Co., 68 N. H. 59.
Wbetlier other passengers had complained to the defendant of having been injured in the…
2Cases cited2 opinions
- Dow v. Electric Co.Supreme Court of New Hampshire · 1894
- Kendall v. FlandersSupreme Court of New Hampshire · 1903