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Paine v. Grand Trunk Railway
June 1, 1879 - Opinion
Case records
Open case page| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| June 1, 1879 | Paine v. Grand Trunk Railway Current page | Opinion | Supreme Court | Reporter |
COÖS.
Paine v. Grand Trunk Railway.
Case, tried by jury in April, 1878. Reserved questions of law were decided at the law term, March, 1879, 58 N. H. 611. Judgment was rendered on the verdict for the plaintiff in April, 1879, and at the same time the defendants moved that the action be brought forward for review.
Ray, Drew Sf Jordan, for the defendants.
Ttoiichell and Ladd Sf Fletcher, for the plaintiff.
Doe, C. J.
For some purposes, a review is a new action. Haven v. Libbey, Smith (N. H.) 109; Barker v. Barker, 39 N. H. 408, 409; Cahoon v. Coe, 57 N. H. 556, 599; Camp v. Hilliard, 58 N. H. 42; Page v. Brewster, 58 N. H. 126. But it is settled that the right of review in such cases as this is not affected by e. 64 of Laws of 1878. Rowell v. B. & M. R. R., ante, p. 35.
Motion granted.
Stanley, J., did not sit: the others concurred.