McLeod v. Caprarello

The test to determine the worth of the plaintiff’s exceptions to the Court’s instructions is to inquire if they stated the law correctly and if it is “reasonably certain the jury understood them.” Davis v. State, 94 N. H. 321, 323, and cases cited. In our opimon the charge, which must be read as a whole (Theobald v. Shepard, 75 N. H. 52, 57; Gaudette v. McLaughlin, 88 N. H. 368, 373) meets this test. Howe v. Jameson, 91 N. H. 55, 58. After proper instruc tions that the plaintiff’s own negligence would bar her recovery, even though the defendant were negligent, the jury were twice correctly…