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PIERCE v. MOWRY

No. 5220.

105 N.H. 428 (1964)

HARRY M. PIERCE, Adm'r estate of ALBERTHA Z. PIERCE & a. v. H. CLAUDE MOWRY, Adm'r estate of JOSEPH C. MOWRY.

Supreme Court of New Hampshire.

Decided July 1, 1964.

Attorney(s) appearing for the Case

Howard B. Lane (by brief) for the plaintiffs.

Faulkner, Plaut, Hanna & Zimmerman (Mr. N. Michael Plaut orally), for the defendant.

WHEELER, J.

Taking the evidence most favorable to the plaintiff it was findable that on August 20, 1960 at about 10:15 P. M. the plaintiff Nahum M. Pierce aged 74 was operating a motor vehicle at a speed of fifteen to twenty miles an hour in a westerly direction on Route No. 9 in Chesterfield proceeding toward Mort's filling station to purchase groceries. Accompanying him as passengers were his wife Albertha and granddaughter Janet.

As he proceeded up a hill...

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