Combs v. Winchester
Supreme Court of New Hampshire
Case, for an injury sustained by the plaintiff, by reason of an alleged defect in a highway. • In defence, it was contended that the plaintiff did not use ordinary care, in this, that a nut was off from his carriage, and this occasioned the accident, and that the plaintiff knew that the nut was off’ before the accident.
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Case, for an injury sustained by the plaintiff, by reason of an alleged defect in a highway. • In defence, it was contended that the plaintiff did not use ordinary care, in this, that a nut was off from his carriage, and this occasioned the accident, and that the plaintiff knew that the nut was off’ before the accident. The plaintiff called a witness, who was at work for him at the time of the accident, and who testified to seeing the horse running away, and that he helped carry- the plaintiff into a house after he was injured, and described the place of the accident; but he was not inquired…
1Opinion of the CourtBell, J.
Of the two cases cited for the defendant, the last, Martin v. Farnham, 25 N. H. 195, has no material *16bearing upon tbe question raised in this case. It was there held, that evidence, showing that a witness had made statements substantially different from those he now makes, and inconsistent with them in regard to material matters, is admissible to affect his credit; and that statements, made by a witness relative to his state of feeling towards a party, are regarded as material, and may be contradicted.
In the present case the question had no relation to any supposed bias or prejudice of the…
2Cases cited1 opinion
- Mechanics & Farmers' Bank v. SmithNew York Supreme Court · 1821
3Cited by2 opinions
- Despiau v. United States Casualty Co.Court of Appeals for the First Circuit · 1937
- Smith v. StateCourt of Appeals of Maryland · 1974