Dow v. Electric Co.
Supreme Court of New Hampshire
Petitions, by both parties, filed in 1891 and 1892, for the assessment of damages under the flowage act (P. S., c. 142, ns. 12-19). Trial by jury and verdict for the plaintiff. The plaintiff'moved that fifty per cent be added to the amount of the verdict. The defendants objected on the ground that the provision of the statute requiring the addition is (1) unconstitutional, and (2) has been repealed.
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Petitions, by both parties, filed in 1891 and 1892, for the assessment of damages under the flowage act (P. S., c. 142, ns. 12-19). Trial by jury and verdict for the plaintiff. The plaintiff'moved that fifty per cent be added to the amount of the verdict. The defendants objected on the ground that the provision of the statute requiring the addition is (1) unconstitutional, and (2) has been repealed. In his opening statement counsel for the defendants said: “The law not only gives compensation,— it gives more.” To. this the plaintiff objected. The court ruled that the statement was improper,…
1Opinion of the CourtCarpenter, J.
The question whether the statute requiring-fifty per cent to be added to the damages estimated by the committee or assessed by the jury (P. S., c. 142, ss. 16, 17) is repealed by the act of March 30, 1893 (Laws 1893, e. 50), need not be determined. The plaintiff’s petition for the assessment of the damages was filed August 81, 1891, and the defendants’ like petition in March, 1892. A subsequent repeal of the statute could not affect the decision of the cause in this particular. Bill of Rights, art. 23; Woart v. Winnick, 3 N. H. 473; Dow v. Norris, 4 N. H. 16; Willey v. Epping, 16 N. H. 58;…
2Cases cited1 opinion
- Pitkin v. City of SpringfieldMassachusetts Supreme Judicial Court · 1873
3Cited by7 opinions
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- State v. CorronSupreme Court of New Hampshire · 1905
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Charrier v. Boston & Maine RailroadSupreme Court of New Hampshire · 1908
- Dummer Power Co. v. International Paper Co.Supreme Court of New Hampshire · 1924
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