Buxton v. Langan

The trial court’s statement that the evidence excepted to bore on the defendant’s due care was broad and ambiguous in respect to any particular issue of care. It follows that if the evidence was admissible on any issue of liability, the exception cannot be sustained, since the plaintiffs made no request for its limitation of use. Morris v. Railroad, 85 N. H. 265, 274, and cases cited.

At the trial the plaintiffs’ sole objection to the evidence was that it was irrelevant on the issue of testing the brakes, because there was direct evidence of the test and its manner. They now contend that the…