Hill v. Bardis Fruit Co.

The plaintiff was not guilty of contributory negligence as a matter of law. It cannot be said to conclusively appear that the plaintiff failed to use any care with reference to his position, or to give any attention or thought to his safety (Holt v. Grimard, 94 N. H. 255, 257), or that he knew that his conduct in that respect was ineffective. (Rowe v. Railroad, 95 N. H. 371). The accident happened within about three minutes of the time the plaintiff and Hall arrived at the scene. During that time the plaintiff got out of his truck, walked over beside the Hall car and while standing there…