Mason v. Andrews

Two questions are presented: First, does the record disclose sufficient evidence to warrant a reasonable man in the conclusion that the defendant was negligent; and second, is the evidence of the plaintiff’s conduct such that he must be found to have been negligent.

Upon a motion for a nonsuit it is the general rule in this state that “a plaintiff is entitled to have the case considered upon that interpretation of the evidence which is most favorable to him.” Harlow v. Leclair, 82 N. H. 506, 509, 510.

Taking this view of the evidence in relation to the negligence of the defendant it could be…