Cited by

Opinions in New Hampshire that cite Bothwick v. LaBelle, 339 A.2d 29.

13 citing documents.

  • 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).
  • 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.
  • 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
  • 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).
  • 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).
  • Kennedy v. Ricker 409 A.2d 778 N.H. 1979
    Broad discretion rests with the trial court in exercising this power.
  • 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).
  • 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).
  • 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).
  • 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.
  • 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).
  • 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).
  • 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).