Richardson v. Weare
Supreme Court of New Hampshire
Case, for damages from a defective highway, tried on the general issue. After the jury had received general instructions, which included the instruction that if the injury was in any degree the result of the plaintiff’s want of ordinary care, the verdict-must be for the defendants, by request of the defendants’ counsel1 the jury were directed to answer this question : Did the injury to the plaintiff occur in consequence of any neglect or fault on his-part ? A general verdict…
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Case, for damages from a defective highway, tried on the general issue. After the jury had received general instructions, which included the instruction that if the injury was in any degree the result of the plaintiff’s want of ordinary care, the verdict-must be for the defendants, by request of the defendants’ counsel1 the jury were directed to answer this question : Did the injury to the plaintiff occur in consequence of any neglect or fault on his-part ? A general verdict was returned for the plaintiff, and the-special question was answered in the affirmative. The court, ordered judgment…
1Opinion of the CourtAllen, J.
It was decided, in Walker v. Sawyer, 13 N. H. 191, 196, 197, that, in a case tried on the' general issue, the court would not submit a particular question of fact to be found and returned by their verdict, without the consent of the parties. But when it is proposed to submit specific questions to the jury, it will be taken for granted that the parties assent, unless they object at the time, and before the jury retires. Willard v. Stevens, 24 N. H. 271, 277; Allen v. Aldrich, 29 N. H. 63. And .later, in Barstow v. Sprague, 40 N. H. 27, 33, it has been decided that the court,, against the…
2Cited by5 opinions
- Elwell v. RoperSupreme Court of New Hampshire · 1904
- Tilton v. SharpeSupreme Court of New Hampshire · 1930
- Tierney v. New England Granite WorksSupreme Court of New Hampshire · 1919
- Folsom v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1894
- Taylor v. JohnsonSupreme Court of Kansas · 1960