Prescott v. Laconia Car Co. Works

Supreme Court of New Hampshire

Prescott v. Laconia Car Co. Works

51 A. 265, 71 N.H. 59, 1901 N.H. LEXIS 15

Supreme Court of New Hampshire·Decided October 4, 1901·Published

Opinion

*63 Blodgett, C. J.

The reported facts so plainly disclose a conflict of testimony upon material points in issue between the parties that we cannot doubt that the motion to direct a verdict for the defendants was properly denied. Indeed, if the case made by the plaintiff was not one emphatically for the jury, we should find great difficulty in defining when a plaintiff is entitled to invoke their judgment.

Exception overruled.

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

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*63 Blodgett, C. J.

The reported facts so plainly disclose a conflict of testimony upon material points in issue between the parties that we cannot doubt that the motion to direct a verdict for the defendants was properly denied. Indeed, if the case made by the plaintiff was not one emphatically for the jury, we should find great difficulty in defining when a plaintiff is entitled to invoke their judgment.

Exception overruled.

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

Prescott v. Laconia Car Co. Works, 51 A. 265, 71 N.H. 59, 1901 N.H. LEXIS 15 (N.H. 1901).

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