13 A.2d 733 | N.H. | 1940
The verdicts indicate findings by the jury that the defendants Desharnais and Burnham were guilty of causal negligence but that the plaintiffs Ross and the defendant Fish were not. No question of the sufficiency of the evidence to support these findings is raised except with respect to the defendant Burnham. As to him it is contended that there is no credible evidence that he had *82 time to do anything to avoid colliding with .the Desharnais car after it went out of control as a result of its contact with the Fish car.
The evidence with respect to the interval of time between collisions is even more confused and conflicting than usual in cases of this character and some of it is clearly incredible. But since it all relates to speed, time and distance, objective matters concerning which parties on the witness stand might honestly be mistaken, it is not binding upon them. Keck v. Hinckley,
The plaintiff George Ross testified that the car in which he was riding was on its own right hand side of the road when it was in collision with the Fish car. In consequence the defendants Desharnais excepted to the refusal of the court to grant their request to charge as follows: "As to the plaintiff, George Ross, you must find that at the time of the collision with the Fish car Raymond Desharnais was on his own right hand side of the road." This request was properly *83
denied. The doctrine of Harlow v. Leclair,
The defendants Desharnais also excepted to the refusal of the court to grant their motion for a mistrial. This motion was based upon certain cross-examination of the elder Desharnais to the effect that his family and that of the plaintiff George Ross were good friends. The contention is advanced that, although there was no direct mention of insurance, this testimony was introduced for the purpose of showing that the actions of the Rosses against the Desharnais were friendly ones and so by inference were brought only because the latter were insured.
Throughout the trial the plaintiffs Ross testified in such a way as to indicate clearly that they did not consider the driver of the car in which they were riding to blame for either collision. The testimony elicited on the above cross-examination explains the reason for this attitude on their part. If in addition it might also suggest that the liability of the owner of the Desharnais car was covered by insurance, the suggestion is so veiled that it cannot be said that the jury must have understood it. Woodman v. Peck,
Judgments on the verdicts.
All concurred. *84