Opinion
Decided April 6, 1937.
CASE, for negligence to recover damages for personal injuries. Trial by jury. At the close of the plaintiff's evidence a nonsuit was ordered by Burque, J. and the plaintiff excepted.
The plaintiff was a passenger in an automobile driven by the defendant. The accident happened when the car left the road, and after traveling 229 feet, ran into the side of a house. The plaintiff was asleep at the time of this occurrence. The only explanation of the defendant's conduct suggested at the trial was that he, too, must have been asleep.
John M. Stark and Ora W. Craig (Mr. Craig orally), for the plaintiff.
Devine Tobin (Mr. Devine orally), for the defendant.
Assuming that both parties were asleep at the time of the accident, it might be found that the plaintiff was not at fault (Salvas v. Cantin, 85 N.H. 489), and that the defendant was. (Bushnell v. Bushnell, 103 Conn. 583.)
New trial.