19 A. 653 | N.H. | 1889
The plaintiff was injured on a highway in Northwood, March 11, 1888. On the 20th of the same month he filed his written statement, under oath, in compliance with the requirements of Gen. Laws, c. 75, s. 7, as amended by Laws 1885, c. 65, s. 1, except that the plaintiff's attorney, who prepared his statement, erred in averring the date of the injury to be the 12th instead of the 11th of March.
It appears that the error happened through a mistake and accident for which the plaintiff was not in fault, and that manifest injustice would be done if he should not be allowed to file a new claim. Whether the error in naming the day on which the injury happened occurred without the fault of the plaintiff, and whether manifest injustice would be done to him if he should not be allowed to file his new claim, were questions of fact to be found at the trial term, and are not generally considered at the law term. Sewell v. Webster,
Exceptions overruled.
CLARK, J., did not sit: the others concurred.