Cited by
Opinions in New Hampshire that cite Bothwick v. LaBelle, 339 A.2d 29.
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State v. Terry Adams, Jr.
146 A.3d 1236
N.H. 2016
Rather, “[t]he power of the trial court to reconvene and interrogate a jury may be exercised whenever [the court] is of the opinion the jury may have made some mistake which produced their verdict.” Bothwick v. LaBelle, 115 N.H. 279, 281 (1975) (quotation and ellipses omitted).
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State v. Santiago
992 A.2d 543
N.H. 2010
“This is a matter within the sound discretion of the trial court,” State v. Gordon, 141 N.H. 703, 707 (1997) (quotation omitted), and the trial court’s discretion in this respect is broad.
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Panas v. Harakis
529 A.2d 976
N.H. 1987
Consequently, issues involving the setting aside of jury verdicts as against the weight of the evidence were decided at various times under both the questionable Belknap-Bennett standard of mistake, partiality or prejudice, see, e.g., Bothwick v. LaBelle, 115 N.H. 279, 280, 339 A.2d 29, 31 (1975); State v. Charpentier, 126 N.H. 56, 63, 489 A.2d 594, 599-600 (1985), and the Wisutskie rule of conclusively against the weight of the evidence, see, e.g., Lavoie v. Blake, 106 N.H. 347, 349, *603 211 A
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Vatistas v. Hickens
431 A.2d 121
N.H. 1981
State v. Donovan, supra at 606, 419 A.2d at 1104; Bothwick v. LaBelle, 115 N.H. 279, 281, 339 A.2d 29, 32 (1975).
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State v. Donovan
419 A.2d 1102
N.H. 1980
the denial of a motion to interrogate will not be overruled except for abuse of that discretion.” Bothwick v. LaBelle, 115 N.H. 279, 281, 339 A.2d 29, 32 (1975).
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Kennedy v. Ricker
409 A.2d 778
N.H. 1979
Broad discretion rests with the trial court in exercising this power.
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Brigham v. Hudson Motors, Inc.
392 A.2d 130
N.H. 1978
Bothwick v. Labette, 115 N.H. 279, 339 A.2d (1975); Caldwell v. Yeatman, 91 N.H. 150, 15 A.2d 252 (1940).
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Faust v. General Motors Corp.
377 A.2d 885
N.H. 1977
whether the evidence in favor of the plaintiff is of such overwhelming weight that everyone must find in her favor, and nothing but mistake, partiality, or corruption could account for the verdict and its supporting finding.” Hauser v. Calawa, 116 N.H. 676, 677, 366 A.2d 489, 491 (1976); see Underhill v. Baker, 115 N.H. 469, 343 A.2d 643 (1975); Bothwick v. LaBelle, 115 N.H. 279, 339 A.2d 29 (1975); see Amabello v. Colonial Motors, Inc., 117 N.H. 556, 374 A.2d 1182 (1977).
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State v. Belkner
374 A.2d 938
N.H. 1977
LeClere v. Gray, 112 N.H. 430, 298 A.2d 116 (1972); Bothwick v. LaBelle, 115 N.H. 279, 339 A.2d 29 (1975).
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State v. Kenna
374 A.2d 427
N.H. 1977
The discretion of the trial judge is broad, and his denial of a motion to poll will not be overruled except for abuse of discretion.
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Hauser v. Calawa
366 A.2d 489
N.H. 1976
or this court only the determination of the issue whether the presiding justice acted witlessly in passing upon the witlessness of the jury; that is whether the evidence in favor of the plaintiff is of such overwhelming weight that everyone must find in her favor, and nothing but mistake, partiality, or corruption could account for the verdict and its supporting finding.” See Bothwick v. LaBelle, 115 N.H. 279, 339 A.2d 29 (1975).
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Dow v. Benjamin Electric Co.
345 A.2d 159
N.H. 1975
He had the burden of proof on his claim, “and we must view the evidence most favorably to the defendant....” Sindorf v. Dow, 112 N.H. 114, 116, 289 A.2d 394, 395 (1972); Bothwick v. LaBelle, 115 N.H. 279, 339 A.2d 29 (1975).
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Underhill v. Baker
343 A.2d 643
N.H. 1975
at 448, 136 A. at 257; Bothwick v. LaBelle, 115 N.H. 279, 339 A.2d 29 (1975); Stephenson v. Starks, 112 N.H. 291, 293 A.2d 762 (1972).