Morris v. Boston & Maine Railroad

On Rehearing. After the foregoing opinion was filed the plaintiff, Morris, filed a motion for rehearing, supported by a brief claiming error in the application of the principle of Harlow v. Leclair, 82 N. H. 506, 512, and in the conclusions reached upon the issues of contributory negligence and the last clear chance doctrine.

Snow, J.

I. It is argued that the evidence admits of a finding that the plaintiff was honestly mistaken in assuming that his automobile had come to a stop before the collision, and that, therefore, he should not be bound by his testimony to that effect. In support of this…