Tucker v. Lowe
Supreme Court of New Hampshire
Action, for personal injuries under Laws 1911, c. 163. After the overruling of the defendant’s exceptions, (see 78 N. II. 610) the plaintiff’s motion for judgment was denied by the superior court subject to exception.
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Action, for personal injuries under Laws 1911, c. 163. After the overruling of the defendant’s exceptions, (see 78 N. II. 610) the plaintiff’s motion for judgment was denied by the superior court subject to exception. Upon the hearing of that motion the superior court found that the issue whether the defendant failed to instruct the plaintiff as to shutting off the power (upon which it was held in 78 N. H. 610 that there was evidence authorizing the submission of the case to the jury) was not submitted at the trial, but that the plaintiff rested his case upon the claim of negligence in two…
1Opinion of the CourtPlummer, J.
Upon the record as it stands, the exception to the refusal to order judgment on the verdict must be sustained. The plaintiff had a verdict which the defendant by her motions for a non-suit and a directed verdict contended the evidence did not authorize. This contention having been transferred to this court by exception to the denial of the motions, the parties were fully heard and''the question of law so presented was decided in favor of the plaintiff and the exceptions were overruled, whereby the plaintiff became entitled to judgment on the verdict, no legal objection to the verdict being…
2Cases cited1 opinion
- Kidd v. New York Security & Trust Co.Supreme Court of New Hampshire · 1909
3Cited by2 opinions
- Tuttle's PetitionSupreme Court of New Hampshire · 1921
- West v. Boston & Maine RailroadSupreme Court of New Hampshire · 1925