STANLEY v. WALSH

No. 85-557.

128 N.H. 692 (1986)

TALLEY STANLEY, ADMINISTRATRIX OF THE ESTATE OF LEONARD STANLEY v. WILLIAM C. WALSH AND MIDWAY EXCAVATORS, INC.

Supreme Court of New Hampshire.

October 3, 1986.


Attorney(s) appearing for the Case

Burns, Bryant, Hinchey, Cox & Shea P.A., of Dover (Paul R. Cox and Sharon A. Spickler on the brief, and Ms. Spickler orally), for Talley Stanley.

Hall, Morse, Gallagher & Anderson, of Concord (G. Wells Anderson and Charles P. Bauer on the brief, and Mr. Bauer orally), for William C. Walsh.

Sheehan, Phinney, Bass & Green P.A., of Exeter (Peter F. Kearns on the brief and orally), for Midway Excavators, Inc.


KING, C.J.

The question presented by this case is whether the Superior Court's (O'Neil, J.) use of the term "pure accident" in his instruction requires reversal of the verdict for the defendants. We hold that the erroneous instruction was harmless and therefore affirm.

On April 24, 1977, plaintiff's decedent, Leonard Stanley, was involved in a two-car collision in Barrington with a vehicle operated by the defendant William C. Walsh. The collision occurred...

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