Small v. Boston & Maine Railroad

The defendant contends that “the evidence presented at this trial varied materially from the evidence at the first trial” and that, for this reason, the question whether the defendant was entitled to a directed verdict, which was decided adversely to it upon the previous transfer (Small v. Railroad, 85 N. H. 330), should now be reexamined. A careful reading of the record fails to disclose any variations between the testimony introduced at the previous trial and that now before us which are fatal to the maintenance of the action under the principles laid down in the previous opinion. As at the…