HEATH v. JOYCE

No. 6158.

111 N.H. 309 (1971)

JANE HEATH v. ROBERT E. JOYCE, JR.

Supreme Court of New Hampshire.

October 5, 1971.


Attorney(s) appearing for the Case

Ramsay and Norberg; and Normandin, Cheney and O'Neil, and David O. Huot (Mr. Huot orally) for the plaintiff.

Nighswander, Lord, Martin and KillKelley (Mr. David J. KillKelley orally) for the defendant.


GRIMES, J.

The main issue in this case is whether there was sufficient evidence upon which to submit to the jury the issue of whether plaintiff's husband in the operation of his own automobile in which she was a passenger was acting as her agent so that his fault would bar her recovery from the defendant.

The accident which gave rise to this and other actions occurred on May 1, 1968. Plaintiff was in need of special shoes which she could not obtain in Meredith...

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