Blood v. New Boston
Supreme Court of New Hampshire
Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the May term, 1914, of the superior court by Young J., on the defendants’ exceptions to the denial of motions for a nonsuit and a directed verdict. . The evidence tended to prove that the plaintiff was injured when a wagon in which he was riding ran off the end of an unrailed highway culvert in the defendant town.
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Case, for personal injuries. Trial by jury and verdict for the plaintiff. Transferred from the May term, 1914, of the superior court by Young J., on the defendants’ exceptions to the denial of motions for a nonsuit and a directed verdict. . The evidence tended to prove that the plaintiff was injured when a wagon in which he was riding ran off the end of an unrailed highway culvert in the defendant town. As the plaintiff approached the culvert he held the reins loosely in one hand. The horse was moving at a slow trot. Just as the team reached the culvert the horse shied sharply to the right…
1Opinion of the CourtPlummer, J.
It is conceded that there was evidence in the case from which the jury could find that the defendants were negligent. Therefore, the only question for consideration is: Could the jury find that the plaintiff was in the exercise of due care or free from negligence at the time of the accident? The defendants claim that the plaintiff was negligent in driving his horse. Unless the carelessness of the plaintiff was so apparent that all fair-minded and reasonable men must agree that he was negligent, the case was properly submitted to the jury, and their verdict cannot be disturbed. McGill v.…
2Cases cited5 opinions
- Mitchell v. Boston & Maine RailroadSupreme Court of New Hampshire · 1894
- McGill v. Maine & New Hampshire Granite Co.Supreme Court of New Hampshire · 1899
- Shea v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1898
- Minot v. Boston & Maine RailroadSupreme Court of New Hampshire · 1907
- Kelland v. Jos. Noone's Sons Co.Supreme Court of New Hampshire · 1909
3Cited by5 opinions
- Martel v. White MillsSupreme Court of New Hampshire · 1920
- Byron v. Boston & Maine RailroadSupreme Court of New Hampshire · 1926
- Miner v. FranklinSupreme Court of New Hampshire · 1916
- Hodges v. J. Spaulding & Sons Co.Supreme Court of New Hampshire · 1923
- Hook v. Consolidation Coal Co.Supreme Court of New Hampshire · 1925