Bresnehan v. Gove
Supreme Court of New Hampshire
Case, by a minor by his next friend, for negligently driving a team and running upon him on Spruce street in Manchester, Jan-nary 14, 1896. Facts found by a referee, upon whose report judgment was ordered for the defendant at the May term, 1901, of the superior court by Pihe, J., subject to the plaintiff’s exception. At the time of his injury the plaintiff was about eleven years ■old, and of ordinary size and intelligence for one of that age.
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Case, by a minor by his next friend, for negligently driving a team and running upon him on Spruce street in Manchester, Jan-nary 14, 1896. Facts found by a referee, upon whose report judgment was ordered for the defendant at the May term, 1901, of the superior court by Pihe, J., subject to the plaintiff’s exception. At the time of his injury the plaintiff was about eleven years ■old, and of ordinary size and intelligence for one of that age. TTis home was at the southeast corner of the intersection of Lincoln .■street, which runs north and south, with Spruce street, which runs •east and…
1Opinion of the CourtWalker, J.
The plaintiff assumed the burden of showing by a preponderance of evidence that the defendant was guilty of negligence which naturally resulted in, or caused, the injury complained of, and that he himself was exercising due care. That there was competent evidence in his favor upon both of these issues may be true; but the question is whether the facts disclosed by the case render it certain as a proposition of law that lie is entitled tp a verdict. Although the referee has found a general verdict in favor of the defendant, the plaintiff insists that the law applicable to the facts renders…
2Cases cited2 opinions
- Thompson v. Buffalo Railway Co.New York Court of Appeals · 1895
- Morey v. Gloucester Street Railway Co.Massachusetts Supreme Judicial Court · 1898
3Cited by8 opinions
- Ibach v. JacksonOregon Supreme Court · 1934
- Taylor v. ThomasSupreme Court of New Hampshire · 1914
- Nadeau v. SawyerSupreme Court of New Hampshire · 1904
- Boyce v. JohnsonSupreme Court of New Hampshire · 1903
- Page v. BrooksSupreme Court of New Hampshire · 1918
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