Petition, under Gen. Laws, c. 75, s. 9. Tlie plaintiff’s uncontradicted evidence tended to prove that about noon, December 22, 1890, she slipped and fell on the icy and unsanded sidewalk ■of Main street in the village of Exeter, while walking thereon, and was seriously injured; that she was familiar -with the street, and had noticed ice on the walk at other places, but not at the place where she fell; and that she wore rubbers and stepped carefully.
¶1
There was evidence tending to prove the facts necessary to be established in order to entitle the plaintiff to recover in an action against the town. A verdict in her favor ■could not be set aside on the ground that there was no evidence tending to show that she exercised ordinary care, or that the ■defendants neglected their duty. To deny the plaintiff an opportunity to try the merits of her claim, when, on the evidence presented, .a verdict might properly, be found in her favor, may be manifest injustice within the meaning of the statute.
Gitchell
v.
Andover,
59 N. H. 363.
