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ROGERS v. NELSON

No. 4026.

97 N.H. 72 (1951)

JOSEPH C. ROGERS v. ANPENTINE J. NELSON d. b. a. ROYAL TRANSPORTATION CO.

Supreme Court of New Hampshire.

May 1, 1951.

Attorney(s) appearing for the Case

William H. Sleeper and Wayne J. Mullavey (Mr. Mullavey orally), for the plaintiff.

Devine & Millimet (Mr. Millimet orally), for the defendant.

JOHNSTON, C. J.

The issue of liability was properly left to the jury. The plaintiff testified that as he drove down the incline on Main Street he could see the top of the roof of the trailer on Depot Street and that the truck did not stop at the stop sign. Legere v. Buinicky, 93 N.H. 71, 73; Beaule v. Weeks, 95 N.H. 453, 457, 458. Furthermore there was evidence that the truck driver did not see the plaintiff's car until he was within two...

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