Ahern v. Concord

The motion for a nonsuit was properly denied., The evidence was conclusive to show that the plaintiff was a highway traveler when injured. Though not engaged in the actual movement of travel, she was doing an incidental act of travel of a reasonable nature. Waiting for the electric car was neither a departure nor diversion from her journey, and the manner of her waiting might well be found to be natural and proper. Such use of the highway did not suspend or defeat her character as a traveler. Hardy v. Keene, 52 N. H. 370; Varney v. Manchester, 58 N. H. 430; Lydston v. Company, 75 N. H. 23;…