DEAN v. SMITH

No. 5279.

106 N.H. 314 (1965)

JULIETTE SMALL DEAN v. HARRISON E. SMITH, Adm'r &a.

Supreme Court of New Hampshire.

Decided June 30, 1965.


Attorney(s) appearing for the Case

Hamblett, Kerrigan & Hamblett (Mr. Joseph M. Kerrigan orally), for the plaintiff.

Devine, Millimet, McDonough, Stahl & Branch and David A. Brock (Mr. Brock orally), for the defendant Harrison E. Smith as administrator and for the intervenor Aetna Insurance Company.


LAMPRON, J.

The agreed statement of facts of the parties is as follows: "Harrison E. Smith is administrator of the estate of Eugene E. Small, late of Nashua, who died intestate at Nashua on April 14, 1962, his death having been caused instantaneously by a collision on that date between a motor vehicle operated by the said Eugene E. Small and another vehicle operated by Emanuel H. Gutman of said Nashua. Brian Small, Barry Small and Brent Small were at the time of the...

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