Tufts v. White

The ruling of the trial court that the plaintiff was guilty of contributory negligence presupposes a finding that the evidence will permit of no other conclusion with reference to the alternative grounds upon which the order was based, i.e., the excessive speed of the car or the intoxication of the driver. Exeter Banking Co. v. Taylor, 85 N. H. 458, 460; Williams v. Duston, 79 N. H. 490, 491. If the evidence upon either of these points is conclusive, the order of the trial court must be sustained. We, therefore, proceed to a consideration of the first ground stated by the Presiding Justice,…