Weeks v. Cushman-Rankin Co.
Supreme Court of New Hampshire
Case, for negligence, brought under chapter 163, Laws of 1911. Trial by jury and verdict for the plaintiff. At the close of the plaintiff’s evidence the defendants moved for a nonsuit on the ground that the plaintiff was not in the exercise of ordinary care at the time of the accident, and at the close of all the evidence they moved that a verdict be directed in their faVor. Both motions were denied pro form,a, and the defendants excepted.
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Case, for negligence, brought under chapter 163, Laws of 1911. Trial by jury and verdict for the plaintiff. At the close of the plaintiff’s evidence the defendants moved for a nonsuit on the ground that the plaintiff was not in the exercise of ordinary care at the time of the accident, and at the close of all the evidence they moved that a verdict be directed in their faVor. Both motions were denied pro form,a, and the defendants excepted. Other exceptions taken by the defendants were not urged in brief or oral argument. Transferred from the September term, 1914, of the superior court by…
1Opinion of the CourtPlummer, J.
The defendants admit that upon the evidence the jury could find that they were negligent. The only claim made by the defendants in their brief or in oral argument is that the plaintiff was guilty of contributory negligence and for that reason cannot recover. It is therefore assumed that the other ■exceptions taken by the defendants at the trial are waived, and that the sole question for consideration is whether the plaintiff was negligent. The action being brought under the Laws of 1911, chapter 163, the burden of proof is upon the defendants to show negligence on the part of the plaintiff.
The…
2Cases cited5 opinions
- Boody v. K. & C. Manufacturing Co.Supreme Court of New Hampshire · 1914
- Lyman v. Boston & Maine RailroadSupreme Court of New Hampshire · 1890
- Davis v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1894
- Bass v. Concord Street RailwaySupreme Court of New Hampshire · 1899
- Smith v. Boston & Maine RailroadSupreme Court of New Hampshire · 1899
3Cited by10 opinions
- Perreault v. Allen Oil Co.Supreme Court of New Hampshire · 1935
- Graham v. WeberSupreme Court of New Hampshire · 1920
- Martel v. White MillsSupreme Court of New Hampshire · 1920
- Barrett v. Pullman Co.Supreme Court of New Hampshire · 1931
- Fasekis v. J. J. Newbury Co.Supreme Court of New Hampshire · 1945
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