Brown v. Mailhot

A verdict which postulates a physical impossibility cannot be sustained. Fraser v. Railway, 84 N. H. 107; Niemi v. Railroad, 87 N. H. 1. It is an inescapable conclusion in the present case that if the plaintiff had looked, as he says he did, before attempting to cross the road, he could not have failed to see the lights of the defendant’s car where he says that he could see nothing but blackness.

The plaintiff testified that he looked to the south at three different points as he approached the highway and that on none of these occasions did he see any cars approaching from that direction. The…