CARR v. MERRIMACK FARMERS EXCHANGE

No. 4675.

101 N.H. 445 (1958)

DORIS E. CARR v. MERRIMACK FARMERS EXCHANGE, INC.

Supreme Court of New Hampshire.

Decided November 28, 1958.


Attorney(s) appearing for the Case

Upton, Sanders & Upton (Mr. Richard F. Upton orally), for the plaintiff.

Wiggin, Nourie, Sundeen, Nassikas & Pingree and Malcolm Mecartney, Jr. (Mr. Mecartney orally), for the defendant.


DUNCAN, J.

The counts added to the plaintiff's declaration by amendment sufficiently state causes of action falling within recognized principles of law.

The first count alleges that the defendant transported its goods over the public highway, through the medium of an independent contractor, in a manner which it knew or should have known would endanger travelers upon the highway, but failed to take preventive action or reasonable precaution against such risk...

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