Hayes v. State

This is an action for determination by a jury of the damages to the plaintiff resulting from an eminent domain land taking by the State of New Hampshire under RSA 233:17. Trial by jury resulted in a verdict for the plaintiff in the amount of $1,200.

Plaintiff moved to set aside the verdict urging among other grounds that evidence was admitted over the objection of the plaintiff in violation of the pre-trial order. Plaintiff further moved that he be allowed as taxable costs the expert witness fees incurred in the trial by the plaintiff.

The Court granted the motion to set aside the verdict and…