JENKINS v. GAINES

No. 4482.

100 N.H. 207 (1956)

LAWRENCE A. JENKINS v. GLOVER GAINES.

Supreme Court of New Hampshire.

Decided April 27, 1956.


Attorney(s) appearing for the Case

Wyman, Starr, Booth, Wadleigh & Langdell and Carl O. Randall, Jr. (Mr. Randall orally), for the plaintiff.

Wiggin, Nourie, Sundeen, Nassikas & Pingree (Mr. Nourie orally), for the defendant.


BLANDIN, J.

The only issue before us is whether in the circumstances here the defendant may argue that certain inferences should be drawn because he brought out in cross-examination that facts alleged in the superseded pleadings were contrary to those upon which the plaintiff relied at the trial. The question is important because it bears on the plaintiff's due care which depends largely on whether he was aware of the presence...

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