St. Laurent v. Manchester Street Railway
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the defendant. Transferred from the January term, 1914, of the superior court by Chamberlin, J. One question in the case was whether the plaintiff ran into the defendant’s car, or the car ran into him. The accident happened on a Sunday forenoon in April, on Somerville street in Manchester.
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Case, for negligence. Trial by jury and verdict for the defendant. Transferred from the January term, 1914, of the superior court by Chamberlin, J. One question in the case was whether the plaintiff ran into the defendant’s car, or the car ran into him. The accident happened on a Sunday forenoon in April, on Somerville street in Manchester. There was evidence that the car was running slowly, that it stopped quickly, and that the plaintiff at once arose from the ground and walked to his home near by. Testimony of a passenger on the car was offered and ruled upon as follows: Q. “Now was there —…
1Opinion of the CourtPeaslee, J.
The evidence is objected to upon two grounds: (1) That the exclamation was too remote from the transaction in point of time, and (2) that it did not appear that the persons uttering the exclamation were in a position to know the facts. Both of these questions are peculiarly for the trial court. They are questions of fact, and the findings upon them will not be disturbed unless it clearly appears that they were made without evidence. Indeed, it is urged by a high authority upon the subject that the finding of the trial court upon such issues should be final. 3 Wig. Ev., s. 1750. It may be that…
2Cases cited1 opinion
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
3Cited by18 opinions
- State v. SmithSupreme Court of Louisiana · 1973
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- Semprini v. Boston & Maine RailroadSupreme Court of New Hampshire · 1935
- Daley v. Metropolitan Life InsuranceSupreme Court of New Hampshire · 1925
- Ingerson v. Grand Trunk RailwaySupreme Court of New Hampshire · 1919
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