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ALI v. GINGRAS

No. 4086.

97 N.H. 289 (1952)

JAMES J. ALI & a. v. WILFRED F. GINGRAS.

Supreme Court of New Hampshire.

February 5, 1952.

Attorney(s) appearing for the Case

Robert E. Earley and Charles J. Flynn for the plaintiff, James J. Ali, furnished no brief.

Albert Terrien (by brief and orally), for the plaintiff Beatrice Pelletier Galante.

Sheehan, Phinney & Bass and William S. Green (Mr. Green orally), for the defendant.

JOHNSTON, C. J.

The plaintiff claims that in spite of the verdict for the defendant Wilfred F. Gingras, it should be ruled as a matter of law that he was negligent and that she is entitled to judgment. There was no evidence that the plaintiff was lacking in due care and no fault of the driver of the car in which she was a passenger can be imputed to her. It was pointed out in LePage v. Company,

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