Martineau v. Waldman.
| Decision Date | 05 June 1945 |
| Docket Number | No. 3534.,3534. |
| Citation | 42 A.2d 735 |
| Parties | MARTINEAU v. WALDMAN. |
| Court | New Hampshire Supreme Court |
Transferred from Superior Court, Hillsborough County; Blandin, Judge.
Action on the case by Robert Martineau, administrator, against Ernest Waldman for death of plaintiff's intestate. The questions of law raised by exceptions of defendant were reserved and the case was transferred by the judge.
Exceptions overruled.
Case, for negligence. This is the same action to recover for death that was transferred previously and in which an opinion was rendered in March, 1944, 93 N.H. 147, 36 A.2d 627. In accordance with that decision the plaintiff petitioned the Probate Court for Hillsborough County for approval of the expenses of recovery, the expenses of administration, the necessary charges for the burial of the deceased and the reasonable charges for the last sickness of the deceased. An appeal was taken by the defendant to that court's decree. Any right to a jury trial was waived by him and the Superior Court heard the appeal and the question of the amount of the verdict to which the plaintiff is entitled. The trial Justice determined the total expenses of the four classes enumerated above, deducted them from the verdict of the jury plus taxable costs. Then one-half of the balance, which was the forfeited share of the negligent parent, was deducted from the total jury verdict and costs. The Court ordered a verdict to be entered for the balance with statutory interest. The defendant excepted to the denial of his motion that the petition be dismissed, to the denial of certain requests and to the findings, rulings and order of the Court.
The questions of law raised by said exceptions were reserved and transferred by Blandin, J. Thomas J. Bois and Wyman, Starr, Booth, Wadleigh & Langdell, all of Manchester (Winthrop Wadleigh, of Manchester, orally), for plaintiff.
Charles F. Hartnett, of Dover, for defendant.
The procedure outlined in the former opinion has been correctly followed. ‘A question of law once decided is not reconsidered in the same case, except upon a motion for rehearing.’ Olney v. Boston & M. Railroad, 73 N.H. 85, 91, 59 A. 387, 390. The question of the constitutionality of R.L. c. 355, § 14, was raised by the defendant in his motion for a rehearing on the former transfer, and there is no necessity of that subject being considered again.
Whether the phrase ‘expenses of recovery’ includes attorney fees is a new matter....
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Tomten v. Thomas
...held that 'costs of collection' is synonymous with 'attorney's fee.' 'Expenses of recovery' include attorneys' fees. Martineau v. Waldman, 93 N.H. 386, 42 A.2d 735, 736. 'Expenses of the suit' cover attorneys' fees. Glens Falls Indemnity Co. v. Dempsey, 68 Ga.App. 607, 23 S.E.2d 493, 495. '......
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Taylor v. Nutting
...upon a subsequent [appeal]." Robertson v. Monroe, 80 N.H. 258, 264, 116 A. 92, 96 (1922) (citation omitted); see Martineau v. Waldman, 93 N.H. 386, 387, 42 A.2d 735, 736 (1945); Lemire v. Haley, 93 N.H. 206, 207, 39 A.2d 10, 11 (1944). The question decided on the first appeal is known as th......
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Manchester Housing Authority v. Belcourt
...administrator to deduct from the amount 'the expenses of recovery' which have been held to include attorneys' fees. Martineau v. Waldman, 93 N.H. 386, 42 A.2d 735 (1945). They also look to the provisions of RSA 560:10(supp.)-13 which provide for the devolution of the property of spouses rem......
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Estate of Infant Fontaine, In re
...110 N.H. 369, 268 A.2d 837 (1970). The defendant argues that Niemi v. Railroad, 87 N.H. 1, 173 A. 361 (1934) and Martineau v. Waldman, 93 N.H. 386, 42 A.2d 735 (1945) (awarding attorney fees and reaffirming the substantive decision ordered at 93 N.H. 147, 42 A.2d 386) settled that the share......