Simoneau v. Keene Electric Railway
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the defendants. The evidence tended to show that on the date of the accident the plaintiff was working in a ditch on Marlboro street in Keene; that the defendant, Cota, was driving his horse on the street when, upon the approach of a street car, the horse became nervous and finally upset the carriage and ran away, knocking the plaintiff down and inflicting the injuries complained of.
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Case, for negligence. Trial by jury and verdict for the defendants. The evidence tended to show that on the date of the accident the plaintiff was working in a ditch on Marlboro street in Keene; that the defendant, Cota, was driving his horse on the street when, upon the approach of a street car, the horse became nervous and finally upset the carriage and ran away, knocking the plaintiff down and inflicting the injuries complained of. The plaintiff excepted to certain evidence which was admitted by the court, and to the refusal of the court to charge the jury as requested. Other facts appear…
1Opinion of the CourtWalker, J.
The exception to the ruling of the court permitting one of the plaintiff’s witnesses to be asked on cross-examination whether he considered Cota’s horse a good safe driving horse, is not tenable. The question did not call for expert opinion evidence but for the statement of a fact as to the disposition of the horse for safety as a driving horse, so far as it appeared to the witness. Presumably he had observed the behavior of the horse when being driven and from what he saw regarded him as a safe or unsafe horse. All the peculiarities of the horse’s maneuvers it would hardly be possible for…
2Cited by8 opinions
- State v. MannionSupreme Court of New Hampshire · 1927
- Gardner v. Commercial MacHine Co.Supreme Court of New Hampshire · 1920
- Ware v. Boston & Maine RailroadSupreme Court of New Hampshire · 1943
- Bourque v. StrusaSupreme Court of New Hampshire · 1942
- Smith v. HooperSupreme Court of New Hampshire · 1937
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