[DOWNLOAD] "Robert Keeney v. Lauris E. Avery" by Supreme Court of New Hampshire " Book PDF Kindle ePub Free
eBook details
- Title: Robert Keeney v. Lauris E. Avery
- Author : Supreme Court of New Hampshire
- Release Date : January 31, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is an action of case to recover damages for personal injuries suffered by the plaintiff in Ashland on July 18, 1966 when a passenger vehicle which he was operating was in collision with a dump truck operated by the defendant's agent. There was a trial by jury with a view, and a verdict was returned for the plaintiff. The defendant seasonably excepted to the denial of his motions for nonsuit and directed verdict and other rulings of the Trial Court. Questions of law so presented were reserved and transferred by the Presiding Justice (Keller, J.) The collision occurred as the plaintiff undertook to pass the defendant's truck while both vehicles were travelling north on Route 3. The plaintiff had entered the highway from Interstate 93, overtook the truck just beyond the end of a curve in the highway, and undertook to pass it. As his vehicle came up beside the truck, the operator of the truck commenced a left-hand turn into a road which intersected Route 3 at an angle from the northwest. The sides of the two vehicles were in collision, and they finally came to a stop a short distance into the intersecting road. There were tire marks leading up to where the truck stopped, and the plaintiff testified that his vehicle had made the tire marks in the southbound lane on Route 3 which were some 80 feet in length, leading to the entrance of the intersecting road. The sole issue for the determination of this court is whether the Trial Court erred in denying the defendant's motions for nonsuit and directed verdict. It is familiar doctrine that this determination is to be made upon the evidence construed most favorably to the plaintiff. Scahill v. Jabre, 101 N.H. 263, 265.