SCONSA v. RICHMOND

No. 4834.

103 N.H. 89 (1960)

WILLIAM SCONSA, by his mother and next friend, BERNICE SCONSA & a. v. ESTHER RICHMOND.

Supreme Court of New Hampshire.

Decided November 30, 1960.


Attorney(s) appearing for the Case

Craig & Craig and Arthur J. Costakis (Mr. Costakis orally), for the plaintiffs.

Sheehan, Phinney, Bass, Green & Bergevin and Richard A. Morse (Mr. Morse orally), for the defendant.


BLANDIN, J.

The plaintiffs' basic claim is that "the Court as a matter of law could not resubmit the case to the jury after finding the verdict inadequate and setting it aside." This runs contrary to our decisions; the Court's discretion is controlling. Whiting v. Sussman, 78 N.H. 486, and authorities cited.

The record here discloses that when they began their deliberations the jury did not understand that the action in behalf of William, the...

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