McQUEENEY v. COMPANY, 95 N.H. 313 (1949)

63 A.2d 249

ALICE E. McQUEENEY, Ex’x v. A. A. MOONEY FURNITURE COMPANY.

No. 3767.Supreme Court of New Hampshire Hillsborough.
Decided January 5, 1949.

Where there is no evidence to sustain a finding of the Trial Court and it is impossible to determine how far its other findings were influenced by this conclusion, there must be a new trial.

PETITION, under R. L., c. 216 to recover workmen’s compensation for the death of George F. McQueeney. Trial by the court. A verdict of $2,625 was returned for the plaintiff.

The defendant excepted to the denial of its motions for a dismissal of the petition at the close of the plaintiff’s evidence and at the close of all the evidence. It also excepted to rulings of the Court admitting and excluding evidence, to the failure to grant certain requests for findings and rulings and to certain findings and rulings made in the decree on the ground that such findings and rulings were against the law, the evidence and the weight of the evidence. These exceptions were reserved and transferred by Goodnow, C.J.

Sheehan, Phinney Bass (Mr. Phinney orally), for the plaintiff.

Warren, Wilson, Wiggin Sundeen (Mr. Wiggin orally), for the defendant.

PER CURIAM.

The Trial Judge found that the deceased suffered a ruptured blood vessel upon May 11. There is no evidence to sustain this finding, and it is impossible to determine how far other findings of the Trial Court were influenced by this conclusion. Accordingly there must be a

New trial.

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