Concord Land & Water Power Co. v. Clough

Supreme Court of New Hampshire

Concord Land & Water Power Co. v. Clough

47 A. 704, 70 N.H. 627

CourtSupreme Court of New Hampshire

DecidedJune 5, 1900

StatusPublished

Cited by6 cases

This text of 47 A. 704 (Concord Land & Water Power Co. v. Clough) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Concord Land & Water Power Co. v. Clough, 47 A. 704, 70 N.H. 627 (N.H. 1900).

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Opinion

Peaslee, J.

The plaintiffs’ comment on the defendant’s failure to show the nature of the soil by inspection was an argument concerning the failure to pr.oduce available evidence, and was unobjectionable (Mitchell v. Railroad, 68 N. H. 96, 116); while the defendant’s unsworn statement of the reason why such evidence was not produced vitiates the verdict. Bullard v. Railroad, 64 N. H. 27.

Verdict set aside.

Chase and Pike, JJ., did not sit: the others concurred.

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Peaslee, J.

The plaintiffs’ comment on the defendant’s failure to show the nature of the soil by inspection was an argument concerning the failure to pr.oduce available evidence, and was unobjectionable (Mitchell v. Railroad, 68 N. H. 96, 116); while the defendant’s unsworn statement of the reason why such evidence was not produced vitiates the verdict. Bullard v. Railroad, 64 N. H. 27.

Verdict set aside.

Chase and Pike, JJ., did not sit: the others concurred.

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Bluebook (online)

47 A. 704, 70 N.H. 627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/concord-land-water-power-co-v-clough-nh-1900.

Opinion

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