George W. Cote v. Garrie Stafford

The defendant argues that her motion for a directed verdict and the one for setting aside the verdict should have been granted because of the rule declared in Harlow v. Leclair, 82 N.H. 506. Stated briefly, this rule is that a party is bound by his statement of facts concerning matters known to him and about which he cannot reasonably be mistaken. The principle does not apply when the jury can reasonably find that the party was honestly mistaken. ""The doctrine of Harlow v. Leclair, 82 N.H. 506, does not apply because the above testimony of Ross relates to an objective matter about which he could honestly have been mistaken."" Ross v. Burnham, 91 N.H. 80, 83, and cases cited.