Gianaris v. Mangurian

• Decision Date: 04 May 1926
• Citation: 133 A. 446
• Parties: GIANARIS v. MANGURIAN.
• Court: New Hampshire Supreme Court

133 A. 446

GIANARIS

v. MANGURIAN.

Supreme Court of New Hampshire. Hillsborough.

May 4, 1926.

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

Action on the case by Arthur Gianaris against Armen S. Mangurian. Verdict for defendant, and cause transferred on plaintiff's exceptions. Exceptions overruled.

Case for malpractice. Trial by jury and verdict for the defendant. Transferred on exceptions to the exclusion of evidence and to the refusal to grant requests for instructions.

Arthur B. Hayden, of Manchester, for plaintiff.

Irving E. Forbes and Doyle & Doyle, all of Manchester, for defendant.

PER CURIAM. In the absence of brief or argument for the plaintiff, no error is apparent in the exclusion of evidence, and the exceptions thereto are overruled. Barsantee v. Hartford, 63 A. 1118, 73 N. H. 616; Drake v. Continental Ins. Co., 100 A. 1069, 78 N. H. 604.

As to the other exceptions, none of the evidence is transferred. It is therefore impossible to say what the evidence tended to show relative to the defendant's duty and liability, and it cannot be told from the case or its amendment whether the requests, either all or some, should have been granted. It does not appear whether they were applicable to the evidence. Since requested instructions, although correctly stating rules of law, are properly refused when they are inapplicable to the facts disclosed by the evidence (Rowell v. Chase, 61 N. H. 135; Douyette v. Railway, 44 A. 104, 69 N. H. 625; Wheeler v. Railway Co., 50 A. 103, 70 N. H. 607, 54 L. R. A. 955; Saucier v. Mills, 56 A. 545, 72 N. H. 292; Hart...