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McQueeney v. Company

Supreme Court of New Hampshire Hillsborough
Jan 5, 1949
63 A.2d 249 (N.H. 1949)

Opinion

No. 3767.

Decided January 5, 1949.

Where there is no evidence to sustain a finding of the Trial Court and it is impossible to determine how far its other findings were influenced by this conclusion, there must be a new trial.

PETITION, under R. L., c. 216 to recover workmen's compensation for the death of George F. McQueeney. Trial by the court. A verdict of $2,625 was returned for the plaintiff.

The defendant excepted to the denial of its motions for a dismissal of the petition at the close of the plaintiff's evidence and at the close of all the evidence. It also excepted to rulings of the Court admitting and excluding evidence, to the failure to grant certain requests for findings and rulings and to certain findings and rulings made in the decree on the ground that such findings and rulings were against the law, the evidence and the weight of the evidence. These exceptions were reserved and transferred by Goodnow, C.J.

Sheehan, Phinney Bass (Mr. Phinney orally), for the plaintiff.

Warren, Wilson, Wiggin Sundeen (Mr. Wiggin orally), for the defendant.


The Trial Judge found that the deceased suffered a ruptured blood vessel upon May 11. There is no evidence to sustain this finding, and it is impossible to determine how far other findings of the Trial Court were influenced by this conclusion. Accordingly there must be a

New trial.


Summaries of

McQueeney v. Company

Supreme Court of New Hampshire Hillsborough
Jan 5, 1949
63 A.2d 249 (N.H. 1949)
Case details for

McQueeney v. Company

Case Details

Full title:ALICE E. McQUEENEY, Ex'x v. A. A. MOONEY FURNITURE COMPANY

Court:Supreme Court of New Hampshire Hillsborough

Date published: Jan 5, 1949

Citations

63 A.2d 249 (N.H. 1949)
63 A.2d 249

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