Little v. Upham
Supreme Court of New Hampshire
TRESPASS, for assault and battery. Plea, the general issue, with a brief statement that the defendant acted in self-defence. Verdict for the defendant, which the plaintiff moved to set aside, and for a new trial, “because upon the uncontradicted evidence the defendant made the first assault, and assaulted the plaintiff anew after the plaintiff had ceased to inflict or threaten violence to him, -and had retreated.” Motion denied, and the plaintiff excepted.
1Opinion of the CourtClark, J.
The objection that a verdict is against the evidence presents no question of law. It is a question of fact to be determined 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; Hovey v. Brown, 59 N. H. 114.
Exceptions overruled.
Smith, J., did not sit: the others concurred.
2Cases cited4 opinions
- Fuller v. BaileySupreme Court of New Hampshire · 1877
- Hovey v. BrownSupreme Court of New Hampshire · 1879
- Lefavor v. SmithSupreme Court of New Hampshire · 1877
- Kelley v. WoodwardSupreme Court of New Hampshire · 1877
3Cited by5 opinions
- Pitman v. MauranSupreme Court of New Hampshire · 1897
- Lucier v. LaroseSupreme Court of New Hampshire · 1889
- Drown v. HamiltonSupreme Court of New Hampshire · 1894
- Abbott v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1897
- Flaherty v. Manchester Street RailwaySupreme Court of New Hampshire · 1916