In a case where the driver of an automobile admitted that his speed was excessive and gave as his explanation thereof that he was insured, a general exception to the reference to insurance was unavailing. Semble that the admission of excessive speed and the reference to insurance were too closely connected to be separated by the trial justice even upon a special request therefor.
BRANCH, J.
In accordance with the principles which were examined at length in McCurdy v. Flibotte, 83 N.H. 143, and which were recognized and applied in Herschensohn v. Weisman, 80 N.H. 557 and Lemire v. Pilawski, 77 N.H. 116, defendant's exceptions must be overruled. The defendant's answer to the question of the witness, in either of the forms which were findable upon the evidence, clearly imported an admission of excessive speed. It is difficult to see how this admission could, under the circumstances, have been separated from the reference to insurance, but however this may be, it is plain that the trial court was not asked to make the attempt and defendant's general exceptions are therefore unavailing. McCurdy v. Flibotte, supra.
Judgment on the verdict.
All concurred.