HAMLIN v. ROUNDY

No. 3878.

96 N.H. 123 (1950)

JAMES S. HAMLIN v. ROY E. ROUNDY.

Supreme Court of New Hampshire.

February 7, 1950.


Attorney(s) appearing for the Case

John H. Sanders and Walter H. Gentsch (Mr. Sanders orally), for the plaintiff.

Philip H. Faulkner, N. Michael Plaut and George R. Hanna (Mr Hanna orally), for the defendant.


KENISON, J.

The single issue in this case is whether the evidence is such that the doctrine of the last clear chance can be properly invoked. The circumstances under which the last clear chance doctrine is applicable are correctly stated in the plaintiff's brief: "To warrant the submission of this issue `there must be evidence from which the jury might find the following facts. 1. That the one to be charged with liability was actually aware of the other's presence...

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