Cote v. Grand Trunk Railway Co.
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for the defendants. The plaintiff claimed that while she was a passenger on the defendants’ railway she was injured by the sudden stopping of the car in which she was riding. The plaintiff’s son, who was with her at the time of the accident, testified to the nature and extent of the shock; but his testimony relative to an injury received by him at tbe same time was excluded, subject to tbe plaintiff’s exception.
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Case, for personal injuries. Trial by jury and verdict for the defendants. The plaintiff claimed that while she was a passenger on the defendants’ railway she was injured by the sudden stopping of the car in which she was riding. The plaintiff’s son, who was with her at the time of the accident, testified to the nature and extent of the shock; but his testimony relative to an injury received by him at tbe same time was excluded, subject to tbe plaintiff’s exception. Dr. Marble, a witness for tlie plaintiff, testified that the plaintiff’s heart was enlarged, that the specific gravity of her…
1Opinion of the CourtYoung, J.
The injury which the plaintiff’s son received was relevant only so far as it tended to show the nature and extent of the shock which caused her injury; and since its tendency to prove this issue was remote, its exclusion raised no question of law. Amoskeag Mfg. Co. v. Head, 59 N. H. 332; Gutterson v. Morse, 58 N. H. 165.
The first part of Dr. Mitchell’s testimony tended to prove that Dr. Marble was either unskillful, or that his examination of the plaintiff was superficial, and the last part tended to contradict him in respect of a material matter ; and so was all competent on the question of…
2Cases cited3 opinions
- Gutterson v. MorseSupreme Court of New Hampshire · 1877
- Amoskeag Manufacturing Co. v. HeadSupreme Court of New Hampshire · 1879
- Ready v. Manchester Gas Light Co.Supreme Court of New Hampshire · 1891