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66 N.H. 572

29 A 412

Morrill v. Warner

Supreme Court of New Hampshire

Decided June 5, 1891

Supreme Court of New Hampshire · decided 1891-06-05

Case, on the statute of highways for injuries to the plaintiff’s intestate. Verdict for the plaintiff. After the cause had been on trial for a day and a half, the defendants discovered that one of the jurors was a party to an action triable by jury, and pending in the trial term in this county, wherein the counsel for the plaintiff in this suit were his counsel.

Relies on State v. Howard · Amoskeag Manufacturing Co. v. Head · Cook v. New Durham

Good law ✅— No negative treatment on recordhow we know

Decided 1891-06-05

How this case has been cited

Cited by 5 later decisions — most recently June 1936

5 state decisions

2018911900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Carpenter, J.

¶1 The exceptions present no question of law. Whether justice required that the trial should be stopped, and whether, by reason of the proximity of the places, proof of the state of the weather in one town had a tendency to show what it was in the other, were questions of fact to be determined at the trial term. Temple v. Sumner, Smith (N. H.) 226 ; State v. Howard, 17 N. H. 171, 186; Wentworth v. Jefferson, 60 N. H. 158 ; Norton v. Wilbur, 5 Gray 7; State v. Boston & Maine Railroad, 58 N. H. 410, 412; Amoskeag Mfg. Co. v. Head, 59 N. H. 332, 338; Tilton v. Society, 60 N. H. 377, 384; Cook v. New Durham, 64 N. H. 419; Smith v. Earle, 118 Mass. 531.

¶2 Exceptions overruled.

Blodgett, J., did not sit: the others concurred.
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