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EASTERN TRANSP. CO. v. LIBERTY MUT. CAS. CO.

No. 4667.

101 N.H. 407 (1958)

EASTERN TRANSPORTATION Co. & a. v. LIBERTY MUTUAL CASUALTY COMPANY & a.

Supreme Court of New Hampshire.

Decided October 7, 1958.

Attorney(s) appearing for the Case

Devine & Millimet (Mr. Millimet orally), for the plaintiffs.

Booth, Wadleigh, Langdell, Starr & Peters (Mr. Peters orally), for defendant Liberty Mutual Casualty Company.

Upton, Sanders & Upton (Mr. Frederic K. Upton orally), for the defendant Samuel S. Bundy.

McLane, Carleton, Graf, Greene & Brown and Robert A. Raulerson for the defendants Lucretia J. Weed, Frederick R. Weed and Peter R. Weed, furnished no brief.

WHEELER, J.

There is no dispute about any of the essential facts. The petition resulted from an automobile collision on December 21, 1955, on the Daniel Webster Highway in Hooksett, between an automobile operated by Peter R. Weed, in which the defendant Samuel S. Bundy was riding as a passenger, and a disabled tractor-trailer owned by Eastern. Plaintiff Eastern is a common carrier by motor vehicle, whose principal stockholder is one Samuel Rosenblatt. The Eastern...

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