Osgood v. Maxwell
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the defendant. Transferred from the January term, 1915, of the superior court by Branch, J., on exceptions to argument of the defendant’s counsel and to instructions to the jury, the facts relating to the latter exception being stated in the opinion.
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Case, for negligence. Trial by jury and verdict for the defendant. Transferred from the January term, 1915, of the superior court by Branch, J., on exceptions to argument of the defendant’s counsel and to instructions to the jury, the facts relating to the latter exception being stated in the opinion. The plaintiff’s intestate, Elphege Demers, a boy five years old, while sliding with his elder brother on a double-runner down Dean street in Manchester, and around the corner into Canal street, collided with the defendant’s automobile and was killed. Just before the collision the automobile was…
1Opinion of the CourtPlummer, J.
Arguments like the one to which exception was taken in this case are frequently made when a party fails to place upon the stand a seemingly available witness. The inference in such case is that the testimony of the witness would be unfavorable or of no value to the party failing to call him, and comments to that effect are legitimate and proper. Mitchell v. Railroad, 68 N. H. 96, 116; Lambert v. Hamlin, 73 N. H. 138.
The plaintiff especially objects to the following words: “That boy is'just as capable of telling you the facts-of this case as any one.” The plaintiff says that there was no…
2Cases cited11 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- Cavanaugh v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Saucier v. New Hampshire Spinning MillsSupreme Court of New Hampshire · 1903
- State v. NewmanSupreme Court of New Hampshire · 1906
- Lambert v. HamlinSupreme Court of New Hampshire · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Miller v. DanielsSupreme Court of New Hampshire · 1933
- Maravas v. American Equitable Assurance Corp.Supreme Court of New Hampshire · 1927
- Vassillion v. SullivanSupreme Court of New Hampshire · 1946
- Johnson v. Director-General of RailroadsSupreme Court of New Hampshire · 1924
- Hanscomb v. GoodaleSupreme Court of New Hampshire · 1923
3 more not listed; retrieve them via the Exa API.