DiPietro v. Lavigne

The hearing upon the petition for new trial con-

sisted almost wholly of a review by counsel of the record of the original trial and of subsequent proceedings in this court. DiPietro v. Lavigne, 97 N. H. 474. No testimony was taken. The plaintiff’s counsel, who did not participate in the original trial, advanced before the Trial Court propositions which he now urges in this court. Stress is laid upon the contention that the nonsuit ordered by the Trial Court resulted from argument in support of the motion for a nonsuit, made by counsel for the defendants, to the effect that there was no…