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ELLSWORTH v. WATKINS

No. 4537.

101 N.H. 51 (1957)

FERRIN G. ELLSWORTH AND ROCK W. DAVID v. THOMAS WATKINS, JR.

Supreme Court of New Hampshire.

Decided May 23, 1957.

Attorney(s) appearing for the Case

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

Sleeper & Mullavey for the defendant, furnished no brief.

KENISON, C. J.

The record in this case clearly demonstrates that the assault and battery on the plaintiffs by the defendant was sudden, unprovoked and brutal, resulting in serious injuries and substantial damage to the plaintiffs. The only question before us is whether there were errors in the trial which affect the verdicts.

The first exception is evidential. The plaintiff Ellsworth and the witness Pasco were allowed...

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