COUTURE v. LEWIS

No. 5165.

105 N.H. 224 (1963)

DORIS V. COUTURE v. NORMAN LEWIS.

Supreme Court of New Hampshire.

Decided December 30, 1963.


Attorney(s) appearing for the Case

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

Burns, Bryant & Hinchey and E. Paul Kelly (Mr. Kelly orally), for the defendant.


BLANDIN, J.

The parties agree that the sole question is whether the doctrine of last clear chance applies.

To warrant the submission of this issue, "there must be evidence from which the jury might find the following facts: 1. That the one to be charged with the liability was actually aware of the other's presence. 2. That he was actually aware that the other was either ignorant of the peril or unable to extricate himself from it. 3. That, after discovery...

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