ROSS v. EXPRESS CO.

No. 4438.

100 N.H. 98 (1956)

LITA ROSS, by her father and next friend v. ROBERT'S EXPRESS CO., INC. & a. LLEWELLYN C. ROSS v. ROBERT G. PLANTE & a.

Supreme Court of New Hampshire.

Decided February 8, 1956.


Attorney(s) appearing for the Case

Craig & Craig (Mr. William H. Craig, Jr. orally), for the plaintiffs.

Devine & Millimet (Mr. Millimet orally), for the defendant Robert G. Plante.

Sheehan, Phinney & Bass (Mr. Sheehan orally), for the defendant Robert's Express Co., Inc.


KENISON, C. J.

The defendant Plante argues that he was confronted with an emergency through no fault of his own and that prior to the emergency he did nothing that could be construed to be negligence. Since a motorist is not an insurer against all accidents involving injuries to children, and since there was evidence that the child, Lita, broke away from her custodian and darted in front of the motorist, the jury could have found for the defendant. However, there...

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