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BENNETT v. HYMERS

No. 4691.

101 N.H. 483 (1958)

WALTER BENNETT v. ALLEN W. HYMERS. STANLEY BENNETT, by his father and next friend v. SAME.

Supreme Court of New Hampshire.

Decided December 31, 1958.

Attorney(s) appearing for the Case

McLane, Carleton, Graf, Greene & Brown and Lawrence E. Spellman (Mr. Spellman orally), for the plaintiffs.

Bell & Bell (Mr. Ernest L. Bell III orally), for the defendant.

LAMPRON, J.

I. If Stanley was a viable fetus at the time of the accident he can recover for injuries inflicted on him by defendant's negligence. We decided in Poliquin v. MacDonald, 101 N.H. 104, that the administratrix of a stillborn infant who was a viable fetus when the collision occurred could maintain on its behalf an action under RSA 556:7, 9-14 for injuries and resulting...

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