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LINCOLN v. TARBELL

No. 4194.

98 N.H. 153 (1953)

CHARLES J. LINCOLN, Adm'r v. JULIAN M. TARBELL.

Supreme Court of New Hampshire.

April 7, 1953.

Attorney(s) appearing for the Case

Wyman, Starr, Booth, Wadleigh & Langdell (Mr. Langdell orally), for the plaintiff.

Sheehan, Phinney & Bass (Mr. Sheehan orally), for the defendant.

KENISON, C. J.

In support of the motions for a nonsuit and a directed verdict it is argued that there is no evidence of the defendant's negligence since the defendant maintained a proper lookout, traveled at a reasonable speed, sounded his horn and made an effort to avoid the accident. The jury was not required to find such conduct to be as careful and reasonable as the defendant said it was (Owen v. Dubois, 95 N.H. 444) but if they did, it would not...

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