Legal Opinion
Jaquith v. Benoit
Supreme Court of New Hampshire
Decided June 5, 1899PublishedCited by 2 opinions
Debt, to recover double damages for the bite of a dog. Subject to the defendant’s exception, the court allowed the plaintiff to amend by changing the form of action to case, and held that the defendant was not entitled, as a matter of right, to have the. jury double the damages.
1Opinion of the CourtYoung, J.
The question of allowing the amendment was for the trial term. The defendant had no right to demand that the-merely ministerial act of doubling the damages should be performed by the jury; for it is the province of the jury to find facts*, and the only question of fact in this part of the case was the plaintiff’s actual damages.
Exceptions overruled.,
Peasbee, J., did not sit: the others concurred.
2Cited by2 opinions
- Smith v. HallahanSupreme Court of New Hampshire · 1910
- Green Tree Servicing v. USA, et al.District Court, D. New Hampshire · 2011