Pitman v. Mauran
Supreme Court of New Hampshire
Assumpsit. Trial by jury and verdict for the defendant. The day after the verdict was rendered the plaintiff moved to set it aside as against the law and evidence; and two or three days afterward filed a written motion to set it aside on the same ground and also in arrest of judgment and for a new trial,, specifying certain particulars wherein he claimed it was against the law and the evidence.
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Assumpsit. Trial by jury and verdict for the defendant. The day after the verdict was rendered the plaintiff moved to set it aside as against the law and evidence; and two or three days afterward filed a written motion to set it aside on the same ground and also in arrest of judgment and for a new trial,, specifying certain particulars wherein he claimed it was against the law and the evidence. The errors of law claimed were in-the instructions which the court gave or failed to give the jury. There were no exceptions to the charge, and no requests for instructions which were not granted. The…
1Opinion of the CourtWallace, J.
Whether the verdict is against the evidence, is a question of fact to be decided at the trial term. Fuller v. Bailey, 58 N. H. 71; Lefavor v. Smith, 58 N. H. 125; Kelley v. Woodward, 58 N. H. 153; Daniels v. Lebanon, 58 N. H. 284; Hovey v. Brown, 59 N. H. 114; Little v. Upham, 64 N. H. 279; Lucier v. Larose, 66 N. H. 141.
If the plaintiff desired different or additional instructions, he. should have asked for them at the trial. If an exception was-desired to the charge, it should have been taken before the jury retired. If there was any error, it could have been, and doubtless would have been,…
2Cases cited10 opinions
- Fuller v. BaileySupreme Court of New Hampshire · 1877
- Hovey v. BrownSupreme Court of New Hampshire · 1879
- Dow v. MerrillSupreme Court of New Hampshire · 1889
- Lucier v. LaroseSupreme Court of New Hampshire · 1889
- Daniels v. LebanonSupreme Court of New Hampshire · 1878
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3Cited by7 opinions
- Bennett v. LaroseSupreme Court of New Hampshire · 1926
- Nadeau v. SawyerSupreme Court of New Hampshire · 1904
- Elwell v. RoperSupreme Court of New Hampshire · 1904
- Wilbur v. BerrySupreme Court of New Hampshire · 1902
- Flaherty v. Manchester Street RailwaySupreme Court of New Hampshire · 1916
2 more not listed; retrieve them via the Exa API.