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HEWES v. ROBY

No. 90-468.

135 N.H. 476 (1992)

ROSE HEWES AND STEPHEN HEWES v. BARBARA ROBY.

Supreme Court of New Hampshire.

April 24, 1992.

Attorney(s) appearing for the Case

Clauson, Smith & Whelan, of Hanover (Dennis Whelan on the brief and orally), for the plaintiffs.

Wiggin & Nourie, of Manchester (William S. Orcutt and Doreen F. Connor on the brief, and Ms. Connor orally), for the defendant.

MEMORANDUM OPINION

BATCHELDER, J.

This is an action in negligence as well as an action pursuant to the dog bite statute, RSA 466:19. The case was tried in Superior Court (Smith, J.) before a jury on the statutory claim only and resulted in a verdict for the defendant. The plaintiffs appeal, and we vacate for the reasons hereinafter stated and remand for a new trial.

On an early evening in April 1985...

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