Atherton v. Rowe

The order of the trial court, which purports to trans-

fer without finding or ruling the question whether the verdict is adequate, was made as of the September, 1935, term of the Superior Court apparently before the case of Wisutskie v. Malouin, 88 N. H. 242, was decided. The appropriate procedure with reference to motions of this kind was indicated in Cyr v. Railroad, 88 N. H. 278, 282, as follows: “The motions of the defendant to have the verdicts set aside as excessive present an issue of fact for the court below (Wisutskie v. Malouin, ante, 242), which that court has not yet passed upon.…