French v. R. S. Audley, Inc.

These are interlocutory appeals from the Merrimack County Superior Court (Cann, J.) raising questions regarding the precise time at which the statute of limitations begins to run with respect to a claim for enhanced damages brought pursuant to the wilful trespass statute, RSA chapter 539. The questions before us are as follows: (1) May the “discovery rule” be applied, under any circumstances, to toll the effect of the statute of limitations as set forth in RSA chapter 539, and (2) if so, do the facts and circumstances set forth in the record justify the application of the “discov ery rule” in…