Chabot v. W. H. McElwain Co.

• Decision Date: 06 May 1919
• Citation: Chabot v. W. H. McElwain Co., 79 N.H. 230, 107 A. 642 (N.H. 1919)
• Parties: CHABOT v. W. H. McELWAIN CO.
• Court: New Hampshire Supreme Court

107 A. 642

CHABOT

v. W. H. McELWAIN CO.

Supreme Court of New Hampshire. Hillsborough.

May 6, 1919.

Exceptions to rulings on evidence, not argued orally or by brief, will be considered waived.

Transferred from Superior Court, Hillsborough County; Kivel, Judge.

Action by Alice Chabot against the W. H. McElwain Company. Verdict for plaintiff, and defendant excepts. Exceptions overruled.

See, also, 78 N. H. 614, 102 Atl. 758.

Case for negligence to recover damages for personal injuries. Trial by jury, and verdict for the plaintiff. The plaintiff's evidence tended to prove that she scratched her finger on a wire protruding about one-half an inch from the side of the machine she was operating, that general infection of her body resulted from the accident, and that she has experienced very serious ailments by reason thereof. Defendant's motions for a nonsuit and directed verdict, and that the verdict be set aside as against the law and the evidence, were denied, subject to the defendant's exceptions. Exceptions were also taken by the defendants to the admission and rejection of testimony.

Henri A. Burque and Wason & Moran, all of Nashua, and Martin & Howe, of Concord, for plaintiff.

Doyle & Lucier and Albert Terrien, all of Nashua, for defendant.

PLUMMER, J. This is the same case reported in 78 N. H. 614, 102 Atl. 758. There it was decided, on the plaintiff's exception to a nonsuit, that the defendant might be held liable for the plaintiff's injury. The defendant in support of its motions, now being considered, for a nonsuit and directed verdict, has not contended that it might not be found liable on the evidence for the plaintiff's injury resulting from the accident.

The sole claim now appears to be that the...