Capelle v. Trober
Supreme Court of New Hampshire
Action, for negligently causing the death of the plaintiff’s intestate. Trial by jury and verdict for the plaintiff. Transferred from the May term, 1920, of the superior court by Allen, J. The defendant filed motions for a nonsuit and a directed verdict; and also a motion that the verdict be set aside; all of which were denied subject to the defendant’s exception. The evidence relevant to certain of the exceptions is stated in the opinion.
1Opinion of the CourtWalker, J.
The principal argument of the defendant relates to the incompetent and prejudicial character of a statement made by one of the plaintiff’s witnesses to the effect that an insurance company was interested in the case. But the argument is unavailing for the reason that upon the defendant’s motion the statement was stricken out by the court, and no exception by the defendant was taken to it on the ground that it rendered the trial unfair. He waived any right he might have had to an exception upon that ground. Kenney v. Hampton, 73 N. H. 45. His motion was granted and he cannot now insist that…
2Cases cited1 opinion
- Kenney v. HamptonSupreme Court of New Hampshire · 1904