HAHN v. HEMENWAY

No. 3909.

96 N.H. 214 (1950)

L. BEATA HAHN v. RUSSELL G. HEMENWAY.

Supreme Court of New Hampshire.

April 4, 1950.


Attorney(s) appearing for the Case

James J. Kalled (by brief and orally), for the plaintiff.

Eliot U. Wyman (orally), filed no brief, for the defendant.


KENISON, J.

Plaintiff argues for a verdict for damage which resulted from destruction of the fence and signs as a matter of law because the circumstantial evidence in his favor renders the defendant's evidence sufficiently suspect so that it should have been rejected by the Trial Court. There is no doubt that the damage complained of actually occurred and there is little doubt that the defendant could have been the one to have caused it. But suspicion is not proof...

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