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BELLAVANCE v. NASHUA AVIATION AND SUPPLY COMPANY

No. 4275.

99 N.H. 10 (1954)

CONRAD BELLAVANCE, Adm'r v. NASHUA AVIATION AND SUPPLY COMPANY, INC.

Supreme Court of New Hampshire.

Decided April 21, 1954.

Attorney(s) appearing for the Case

Leonard & Leonard and Robert J. Doyle (Mr. Doyle orally), for the plaintiff.

McLane, Carleton, Graf, Greene & Brown (Mr. Brown orally), for the defendant.

BLANDIN, J.

The single issue transferred is whether a writ in an action brought by the plaintiff as administrator of his deceased son's estate against the pilot of the plane alleging that the latter's negligence caused the accident is admissible. It is unquestionably the law that if the writ showed an inconsistency with the plaintiff's position as taken at the trial, it was properly admitted; otherwise, it was incompetent. Masterson v. Railway, 83 N...

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