Keefe v. Sullivan County Railroad
Supreme Court of New Hampshire
Assumpsit, for damages occasioned by the defendant’s occupation of a certain piece of land in Walpole and by the erection and maintenance of a fence on the plaintiff’s land. The defendant admitted the occupation of the land, but denied that it was liable for" certain inconveniences claimed by the plaintiff, because the same had been litigated and adjusted in a former suit between the parties. There was a trial by jury and a verdict for the plaintiff.
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Assumpsit, for damages occasioned by the defendant’s occupation of a certain piece of land in Walpole and by the erection and maintenance of a fence on the plaintiff’s land. The defendant admitted the occupation of the land, but denied that it was liable for" certain inconveniences claimed by the plaintiff, because the same had been litigated and adjusted in a former suit between the parties. There was a trial by jury and a verdict for the plaintiff. The only question submitted was one of damages. The defendant filed this bill of exceptions which was' allowed by Kivel, J.j and transferred…
1Opinion of the CourtWalker, J.
In the absence of an exception by the defendant to the form of the action or to the plaintiff’s theory of liability upon which the case was tried (Barron v. Marsh, 63 N. H. 107; North Haverhill Water Co. v. Metcalf, 63 N. H. 427; Swift v. Lumber Co., 64 N. H. 53; Concord Coal Co. v. Ferrin, 71 N. H. 33), it is assumed that the defendant was satisfied to try merely the question of the damages the plaintiff had suffered in consequence of its occupation of the plaintiff’s land. That was the only question submitted to the jury; and the defendant now seeks to have the verdict set aside upon two…
2Cases cited11 opinions
- Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Cavanaugh v. Boston & Maine RailroadSupreme Court of New Hampshire · 1911
- Genest v. Odell Manufacturing Co.Supreme Court of New Hampshire · 1909
- Connecticut River Power Co. v. DickinsonSupreme Court of New Hampshire · 1909
- Concord Coal Co. v. FerrinSupreme Court of New Hampshire · 1901
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3Cited by3 opinions
- State v. MannionSupreme Court of New Hampshire · 1927
- State v. HaleSupreme Court of New Hampshire · 1932
- State v. SantelloSupreme Court of Connecticut · 1935