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Moran v. Fox

Supreme Court of New Hampshire Merrimack
Nov 6, 1918
106 A. 37 (N.H. 1918)

Opinion

Decided November 6, 1918.

CASE, for personal injuries. Verdict for the defendant. The court found that the trial was unfair and set the verdict aside. Transferred by Sawyer, J., from the April term, 1917, of the superior court on the defendant's exception to this finding.

John M. Stark and Robert W. Upton, for the plaintiff.

Martin Howe, for the defendant.


The question raised by the defendant's exception is not whether the remarks excepted to were prejudicial, as a matter of law, but whether there is any evidence to warrant the court's finding that they rendered the trial unfair. Instead of there being no evidence to sustain the finding that they were prejudicial, that is the only conclusion of which the evidence is fairly capable. The question whether they produced the verdict is not now before this court, for the evidence relevant to that issue is not made a part of the case.

Exception overruled.

All concurred.


Summaries of

Moran v. Fox

Supreme Court of New Hampshire Merrimack
Nov 6, 1918
106 A. 37 (N.H. 1918)
Case details for

Moran v. Fox

Case Details

Full title:CORNELIUS MORAN v. THOMAS FOX

Court:Supreme Court of New Hampshire Merrimack

Date published: Nov 6, 1918

Citations

106 A. 37 (N.H. 1918)
79 N.H. 523

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