44 A. 104 | N.H. | 1899
The plaintiff did not allege in his writ that his injury was caused by a defect in the car, and there was no evidence to that effect. The instruction requested by him was not relevant to the issue tried, and was properly refused.
"Where neither the evidence nor the ground of an exception to the instructions given to the jury is stated, a verdict will not be set aside, if, upon any evidence competent to be introduced in the case, the instructions were correct. The court cannot *626
presume that the evidence did not call for the instructions given, nor that it was of such a character as to make them erroneous." Rowell v. Chase,
Exceptions overruled.
PEASLEE, J., did not sit: the others concurred.