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HILL v. BARDIS FRUIT COMPANY

No. 3848.

96 N.H. 14 (1949)

GALE E. HILL v. BARDIS FRUIT CO.

Supreme Court of New Hampshire.

November 1, 1949.

Attorney(s) appearing for the Case

William H. Watson and William H. Watson, Jr. (Mr. William H. Watson orally), for the plaintiff.

Ernest L. Bell, Jr., Philip H. Faulkner and James S. Davis (Mr. Bell orally), for the defendant.

LAMPRON, J.

The plaintiff was not guilty of contributory negligence as a matter of law. It cannot be said to conclusively appear that the plaintiff failed to use any care with reference to his position, or to give any attention or thought to his safety (Holt v. Grimard, 94 N.H. 255, 257), or that he knew that his conduct in that respect was ineffective. (Rowe v. Railroad, 95 N.H. 371). The accident happened within about three minutes of...

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