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AMUNDSEN v. BOSTON AND MAINE TRANSPORTATION COMPANY

No. 3857.

96 N.H. 85 (1950)

TRYGVE B. AMUNDSEN v. BOSTON AND MAINE TRANSPORTATION CO.

Supreme Court of New Hampshire.

January 3, 1950.

Attorney(s) appearing for the Case

William H. Sleeper and Wayne J. Mullavey (Mr. Mullavey orally), for the plaintiff.

Hughes & Burns and Donald R. Bryant (Mr. Bryant orally), for the defendant.

DUNCAN, J.

The exclusion of the accident report filed by the operator of the defendant's bus was within the discretion of the Trial Court. The witness admitted that the contradictory statement contained in the report was made by him, and the content of the statement appeared in evidence. The report itself thus became merely cumulative, and the plaintiff was not entitled as a matter of right to have it received in evidence. Marchand v. Company, 95 N.H...

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