Hadley v. McLaughlin

In support of his exceptions to the denial of the motions for a nonsuit and directed verdict the defendant asserts that the plaintiff was guilty of contributory negligence as a matter of law. Relying upon the rule of Harlow v. Leclair, 82 N. H. 506, he argues that the plaintiff should be bound by his testimony on deposition that when he first saw the defendant’s automobile it was 270 to 280 feet away, rather than 300 to 400 feet, as he estimated at the trial. It is difficult to see what advantage the defendant can derive from this partial inconsistency. At the trial the plaintiff testified on…