Cited by
Opinions in New Hampshire that cite Allen v. State, 260 A.2d 454.
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Gagnon v. Crane
498 A.2d 718
N.H. 1985
Allen v. State, 110 N.H. 42, 47, 260 A.2d 454, 458 (1969); Remillard v. New Eng.
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Fletcher v. Kunze
480 A.2d 141
N.H. 1984
Once the jury has been fully instructed on the law of the case and the theories of the parties, it is within the discretion of the court to determine the extent to which the law is given specific application to the parties’ theories.
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Belleau v. Hopewell
411 A.2d 456
N.H. 1980
Kennedy v. Ricker supra; Allen v. State, 110 N.H. 42, 260 A.2d 454 (1969).
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Kennedy v. Ricker
409 A.2d 778
N.H. 1979
Once the applicable law has been set out along with each party’s claims, further instructions are in the trial court’s discretion.
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Blais v. Town of Goffstown
406 A.2d 295
N.H. 1979
generally Allen v. State, 110 N.H. 42, 48, 260 A.2d 454, 459 (1969); Lafferty v. Houlihan, 81 N.H. 67, 121 A. 92 (1923).
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London v. Perreault
387 A.2d 342
N.H. 1978
Because the allegations and testimony make reference to acts contemporaneous with the alleged emergency, the court properly instructed the jury that the possibility that the defendant was acting under the stress of an emergency not created by his own negligence is a factor to be considered in determining whether he acted with ordinary care.
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Wieszeck v. Sepessy
355 A.2d 865
N.H. 1976
The challenged instruction is virtually identical to the one given in Remillard v. New England Telephone Co., 115 N.H. 702, 349 A.2d 588 (1975), and is defective for the reason there stated: It may have conveyed to the jury the erroneous conception that a person cannot act negligently in an emergency.
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Remillard v. New England Telephone Co.
349 A.2d 588
N.H. 1975
."Allen v. State, 110 N.H. 42, 47, 260 A.2d 454, 458 (1969); see Kardasinski v. Koford, 88 N.H. 444, 446-47, 190 A. 702, 703 (1937).
- Hodgdon v. Gallagher 325 A.2d 792 N.H. 1974
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Poulin v. Provost
319 A.2d 296
N.H. 1974
It is well-established law that the trial court’s charge must be examined and judged as a whole.
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Donato v. Boutin
314 A.2d 677
N.H. 1974
Allen v. State, 110 N.H. 42, 45, 260 A.2d 454, 457 (1969); Dane v. MacGregor, 94 N.H. 294, 299, 52 A.2d 290, 293 (1947); Colby v. Lee, 83 N.H. 303, 307, 142 A. 688 (1928).
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Loney Ex Rel. Towle v. Parsons
284 A.2d 910
N.H. 1971
Defendant contends that the court erred in not instructing the jury on the instinctive action part of the emergency doctrine.
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Parker v. J. W. Simoneau & Sons Realty Corp.
279 A.2d 599
N.H. 1971
” This instruction correctly stated the law and left it as a matter of fact for the jury to determine whether plaintiff’s condition was such as to make it unreasonable for the defendant to assume careful conduct on the part of the plaintiff.