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The exceptions present no question of law. Whether justice required that the trial should be stopped, and whether, by reason of the proximity of the places, proof of the state of the weather in one town had a tendency to show what it was in the other, were questions of fact to be determined at the trial term. Temple v. Sumner, Smith (N.H.) 226; State v. Howard,
17 N.H. 171 ,186 ; Wentworth v. Jefferson,60 N.H. 158 ; Norton v. Wilbur, 5 Gray 7; State v. Boston Maine Railroad,58 N.H. 410 ,412 ; Amoskeag Mfg. Co. v. Head,59 N.H. 332 ,338 ; Tilton v. Society,60 N.H. 377 ,384 ; Cook v. New Durham,64 N.H. 419 ; Smith v. Earle,118 Mass. 531 .Exceptions overruled.
BLODGETT, J., did not sit: the others concurred.
Document Info
Citation Numbers: 29 A. 412, 66 N.H. 572
Judges: Carpenter, Blodgett
Filed Date: 6/5/1891
Precedential Status: Precedential
Modified Date: 10/19/2024