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LAMPESIS v. COMOLLI

No. 4771.

102 N.H. 306 (1959)

JAMES T. LAMPESIS v. JOSEPH F. COMOLLI.

Supreme Court of New Hampshire.

Decided December 1, 1959.

Attorney(s) appearing for the Case

Fisher, Parsons & Moran (Mr. Moran orally), for the plaintiff.

Orr and Reno (Mr. Reno orally), for the defendant.

LAMPRON, J.

An order by the Trial Court that all issues must be retried in order to afford a fair trial will ordinarily be sustained if there was evidence upon which it could be made. West v. Railroad, 81 N.H. 522, 534. The reason for this rule is that in most cases this is a question of fact to be determined by the Trial Court. White v. Schrafft, 94 N.H. 467, 472.

It is also well settled that a retrial for the correction of errors...

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