Kacavisti v. Sprague Electric Co.

The plaintiff contends that the defendants, who took no exceptions during the trial nor to the denial of their motion for a “directed verdict,” and who made no motion to set aside the decree, now have no right to appeal the decision of the Superior Court. Perreault v. Lyons, 98 N. H. 317. However, there are exceptions to this general rule, especially in cases tried before the court without a jury where a single issue is plainly raised. Eastman v. Waisman, 94 N. H. 253. In the present case, the record, including the defendants’ exceptions to the failure of the Court to grant their request for…