Mason v. Dover, Somersworth & Rochester Street Ry.
Supreme Court of New Hampshire
Case, for negligence. Trial before Chamberlin, C. J., and a jury and verdicts for the plaintiffs. The suits were for- injuries from a collision, July 24, 1915, between the wagon in which the plaintiff was riding with his wife and one of the defendants’ cars upon a highway-in Dover. The plaintiff was thrown from his wagon by the collision.
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Case, for negligence. Trial before Chamberlin, C. J., and a jury and verdicts for the plaintiffs. The suits were for- injuries from a collision, July 24, 1915, between the wagon in which the plaintiff was riding with his wife and one of the defendants’ cars upon a highway-in Dover. The plaintiff was thrown from his wagon by the collision. Subject to exception the court permitted a witness to testify that .the plaintiff as he was getting up exclaimed, “Why didn’t they stop the car?” The collision occurred shortly after a quarter before eight in the evening. The plaintiff testified he lighted…
1Opinion of the CourtParsons, C. J.
The plaintiff’s exclamation as he was getting up from the ground where he had been thrown by the collision was near enough in point of time to form a part of the transaction and authorize its admission. St. Laurent v. Railway, 77 N. H. 460, 462, and cases cited.
Subject to exception the jury were not permitted to consider the fact that the local lighting company had not turned on the street light near the place of accident, as tending to show it was still so light that the headlight on the car could not have the blinding effect the plaintiff ascribed to it, the court stating, as the defendants…
2Cases cited1 opinion
- Chaffee & Co. v. United StatesSupreme Court of the United States · 1874
3Cited by16 opinions
- State v. BrodeurSupreme Court of New Hampshire · 1985
- State v. MannionSupreme Court of New Hampshire · 1927
- State v. WheelerSupreme Court of New Hampshire · 1980
- Dow v. LathamSupreme Court of New Hampshire · 1922
- State v. WoodardSupreme Court of New Hampshire · 1981
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