Tetreault v. Gould

1. The defendant contends that Ladouceur committed a wilful trespass upon his right of way with full knowledge of the situation and the danger; that if he himself was negligent in the matter of speed, it was “negligence of the immaterial variety” and, at most, “but furnished Ladouceur the occasion to make his trespass effective”; that Ladouceur’s “irruption into the highway” was therefore “a wrongful, responsible, intervening cause which was the sole proximate cause” of the plaintiff’s injury. Morier v. Hines, 81 N. H. 48, 56.

It is a complete answer to this contention to say that the…