Pratt v. Magnuson

• Decision Date: 04 June 1935
• Citation: 179 A. 355
• Parties: PRATT v. MAGNUSON et al.
• Court: New Hampshire Supreme Court

179 A. 355

PRATT

v. MAGNUSON et al.

Supreme Court of New Hampshire. Hillsborough.

June 4, 1935.

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

Action by Merle J. Pratt against Hazel M. Magnuson and others. Order granted defendants' motion for separate trial of malicious conduct count and negligence counts in declaration and plaintiff excepts.

Exception overruled.

Action, two counts of the declaration being for negligence for personal injury and property damage arising from a motor vehicle accident, and another count being for malicious conduct of one of the defendants in causing the plaintiff's suspension of right to operate, or have operated, any motor vehicles until a bond was furnished to secure such defendant's claim against the plaintiff for this defendant's injuries arising out of the accident.

The defendants' motion that the count for malicious conduct be tried separately from the counts for negligence was granted, and the plaintiff excepted.

Frederick J. Gaffney, of Nashua, for plaintiff.

Osgood & Osgood, of Manchester, and Neil Tolman, of Nashua, for defendants.

PER CURIAM.

The defendants were entitled to the order granting the motion as matter of law. Farnum v. Concord Land & Water Power Company, 69 N. H. 231, 45 A. 745.

Exception overruled.