Bellavance v. Nashua Aviation & Supply Co.

The single issue transferred is whether a writ in an action brought by the plaintiff as administrator of his deceased son’s estate against the pilot of the plane alleging that the latter’s negligence caused the accident is admissible. It is unquestionably the law that if the writ showed an inconsistency with the plaintiff’s position as taken at the trial, it was properly admitted; otherwise, it was incompetent. Masterson v. Railway, 83 N. H. 190, 193; Harvey v. Provandie, 83 N. H. 236, 242. See also, Caplan v. Caplan, 83 N. H. 318, 324. The plaintiff argues that there is no inconsistency in…