BONENFANT v. HAMEL

No. 3896.

96 N.H. 228 (1950)

DONALD BONENFANT, by his father and next friend v. ALBANI HAMEL.

Supreme Court of New Hampshire.

May 2, 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 sole issue presented is whether there was evidence upon which the jury could find that the defendant was entitled to the benefit of the emergency doctrine. We are of the opinion that there was. To warrant application of the doctrine, there must be evidence that the party seeking to invoke it was called upon to take immediate action to meet the dangers of "a sudden unexpected occurrence," not occasioned by his own fault. Kardasinski v. Koford...

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