Watson v. Carvelle

The exception to the ruling that the sufficiency of the notice was for the jury to pass upon, so far as it raised the procedural question of the court’s or jury’s province to decide the issue, must be overruled. Whatever might be thought if the question were of first impression, authority has long and uniformly established the proposition that proof of notice is to be affirmatively established at the trial as part of the plaintiff’s case. Mathes v. Jackson, 6 N. H. 105; Kittredge v. Folsom, 8 N. H. 98; Little v. Little, 36 N. H. 224, 229; Amoskeag Mfg. Co. v. Barnes, 48 N. H. 25; Clough v.…