Kier v. Parks
Supreme Court of New Hampshire
Case, for negligence. Trial by jury and verdict for the defendant. The plaintiff went to the defendant’s garage to have repairs made on an automobile, and, while searching for a workman in the darkness, stepped between two cars, which were being repaired and were standing over an open pit, fell into the pit and was injured.
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Case, for negligence. Trial by jury and verdict for the defendant. The plaintiff went to the defendant’s garage to have repairs made on an automobile, and, while searching for a workman in the darkness, stepped between two cars, which were being repaired and were standing over an open pit, fell into the pit and was injured. The following question, asked upon direct examination of a witness called by the plaintiff, was excluded subject to exception: “Now what is the practice in the garages where you have been employed and where you have seen pits, with reference to their being guarded or…
1Opinion of the CourtParsons, C. J.
The record shows that the question excluded subject to exception was not excluded - because its subject-matter was considered irrelevant, but because of the form of the inquiry. The court may have found the witness competent to testify to common practice in -the matter and considered he should have been interrogated upon that point and not as to the practice of particular individuals. Saucier v. Spinning Mills, 72 N. H. 292. It may be the question was thought too indefinite as failing to distinguish between construction and operation and in not asking the practice under circumstances like…
2Cases cited5 opinions
- Nutter v. Boston & Maine RailroadSupreme Court of New Hampshire · 1881
- Saucier v. New Hampshire Spinning MillsSupreme Court of New Hampshire · 1903
- Challis v. LakeSupreme Court of New Hampshire · 1901
- Proctor v. White Mountain Freezer Co.Supreme Court of New Hampshire · 1899
- Reagan v. Manchester Street RailwaySupreme Court of New Hampshire · 1903
3Cited by2 opinions
- Daley v. Metropolitan Life InsuranceSupreme Court of New Hampshire · 1925
- State v. FosterSupreme Court of New Hampshire · 1921