Roberts v. Claremont Power Co.
Supreme Court of New Hampshire
Case, for polluting the waters of Sugar river. After default the damages by agreement of parties were assessed by commissioners. The damage consisted of injury to cloth made in the mill pf the plaintiff, John. During the hearing before the referees it appeared that his father, Alexander Roberts, owned the business for a part of the time covered by the declaration, the specification ■of damages and the evidence.
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Case, for polluting the waters of Sugar river. After default the damages by agreement of parties were assessed by commissioners. The damage consisted of injury to cloth made in the mill pf the plaintiff, John. During the hearing before the referees it appeared that his father, Alexander Roberts, owned the business for a part of the time covered by the declaration, the specification ■of damages and the evidence. Thereupon the plaintiff moved that the administrator of Alexander’s estate be added as a party plaintiff. The motion was granted by Sawyer, J., and the defendant ■excepted upon the…
1Opinion of the CourtPeaslee, J.
The objection that the commissioners had not-been sworn was one that could and would have been seasonably-obviated if it had been seasonably taken. If the defendant had! made reasonable inquiry, the fact would have been ascertained.. Under these circumstances, the rule applicable to the objection to-jurors for disqualification controls. “The general rule derived from the cases is, that if the party has used reasonable diligence to-ascertain the competency of a juror, and has failed to discover disqualifying facts afterwards proved . . . the verdict will beset aside; otherwise not.” Harrington…
2Cases cited3 opinions
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
- Bartholomew v. FarwellSupreme Court of Connecticut · 1874
- New Haven & Northampton Co. v. GoodwinSupreme Court of Connecticut · 1875
3Cited by12 opinions
- E. I. Du Pont De Nemours & Co. v. TomlinsonCourt of Appeals for the Fourth Circuit · 1924
- Caledonia, Inc. v. TrainorSupreme Court of New Hampshire · 1983
- State v. WindersSupreme Court of New Hampshire · 1985
- Grossman v. Delaware Electric Power Co.Superior Court of Delaware · 1929
- Jameson v. First Savings Bank & Trust Co. of AlbuquerqueNew Mexico Supreme Court · 1936
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