Legal Opinion

Lemire v. Pilawski

Supreme Court of New Hampshire

Decided October 7, 1913PublishedCited by 4 opinions

Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1913, of the superior court by Chamberlin, J. The action was brought to recover for injuries received through a collision with a runaway horse belonging to the defendant.

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Case, for negligence. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1913, of the superior court by Chamberlin, J. The action was brought to recover for injuries received through a collision with a runaway horse belonging to the defendant. The plaintiff offered evidence of a conversation in which the defendant stated that the horse was in charge of servants who, contrary to his instructions, left it unattended in the street, but that he could do nothing because the horse was insured and he had reported the accident to the office. The defendant objected to the…

1Opinion of the CourtParsons, C. J.

Whether the fact that the defendant carried insurance against liability for negligence is, or not, relevant to his care in any particular instance is a question not presented. The evidence objected to was admitted as a part of a conversation acknowledging liability, but for no other purpose. In the absence of exception to the charge, it must be assumed that the effect of the evidence was properly limited in the instructions to the jury and that they followed the instructions. Mitchell v. Railroad, 68 N. H. 96, 117. If the evidence objected to was relevant and competent upon the issue upon…

2Cases cited2 opinions

  1. Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
  2. Connecticut River Power Co. v. DickinsonSupreme Court of New Hampshire · 1909

3Cited by4 opinions

  1. Hutchinson v. KnowlesSupreme Court of Vermont · 1936
  2. McCurdy v. FlibotteSupreme Court of New Hampshire · 1927
  3. Hansen v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1917
  4. Gregoire v. AllardSupreme Court of New Hampshire · 1930

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