CARTER v. BERGERON

No. 4813.

102 N.H. 464 (1960)

RUSSELL R. CARTER, Adm'r v. NOVAT B. BERGERON. PEERLESS INSURANCE CO. v. SAME & a.

Supreme Court of New Hampshire.

Decided April 29, 1960.


Attorney(s) appearing for the Case

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

Wiggin, Nourie, Sundeen, Nassikas & Pingree and Dort S. Bigg (Mr. Bigg orally), for Bergeron and Peerless Insurance Company.

Devine, Millimet & McDonough for Bergeron and Manninen, furnished no brief.


DUNCAN, J.

As insurer of the GMC pickup truck which was some distance beyond the scene when the collision occurred, Peerless Insurance Company advances two principal contentions: first, that the Trial Court erred in submitting the case to the jury under the second count of the writ, and in particular in submitting the special question based on that count; and second, that its policy furnishes no coverage to Bergeron even if it could properly be found that his negligence...

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