FITZGERALD v. SARGENT

No. 7281

117 N.H. 104 (1977)

WILLIAM FITZGERALD & a. v. PETER N. SARGENT

Supreme Court of New Hampshire.

February 28, 1977


Attorney(s) appearing for the Case

James J. Kalled, of Wolfeboro, by brief and orally, for the plaintiffs.

Charles F. Hartnett and Anthony S. Hartnett, of Dover (Mr. Anthony S. Hartnett orally) for the defendant.


PER CURIAM.

The major issue in this case is whether the defendant was so prejudiced by the omission from the record on appeal of the final ten minutes of the trial judge's charge to the jury, lost as a result of mechanical failure of a stenographic voice machine, as to be entitled to a new trial. For the reasons which follow below, we affirm the lower court's decision that a new trial is not required.

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