Hanchey v. Hart

Hall, Judge.

In our opinion the trial judge was in error in refusing to allow a trial on the issue of whether the actions of the plaintiffs, based upon the totality of the circumstances including conflicting testimony as to the density of the fog, were those of reasonable men. As Chief Justice Doe, one of our nation’s greatest judges, said almost a century ago, things will “come to a strange pass” if a man or woman needs a course of legal study before he dares to act in a reasonable and necessary manner. Aldrich v. Wright, 63 N. H. 398 (16 AR 339).

“Here we start with the general proposition…