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Ellen H. Burke, Admix v. Benjamin T. Bartlett
November 2, 1915 - Opinion
Case records
Open case page| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| November 2, 1915 | Ellen H. Burke, Admix, v. Benjamin T. Bartlett Current page | Opinion | Supreme Court | Reporter |
Hillsborough,
Nov. 2, 1915.
Ellen H. Burke, Admix, v. Benjamin T. Bartlett.
Case, for negligently causing the death of the plaintiff’s intestate. Trial by jury. Transferred from the January term, 1915, of the superior court by Branch, J., on the plaintiff’s exception to an order of nonsuit.
Jones, Warren, Wilson & Manning {Mr. Manning orally), for the plaintiff.
G. K. & B. T. Bartlett and Taggart, Burroughs, Wyman & McLane {Mr. McLane orally), for the defendant.
Per Curiam.
The question raised by the exception is whether there was evidence tending to prove (1) that the defendant’s fault did, and (2) that the decedent’s negligence did not, contribute to cause the accident. The evidence warranted a submission of both issues to the jury, and the order is
Exception sustained.