Noble v. Portsmouth
Supreme Court of New Hampshire
Case, for injuries from a defective highway. The injury complained of was a sprain of the ankle and foot. Tn the statutory statement filed by the plaintiff, the amount of damages claimed was $1,500, and in the writ $1,000.. Before the case was opened to the jury, the plaintiff was allowed to amend by increasing the ad damnum to $8,000, and the defendants excepted.
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Case, for injuries from a defective highway. The injury complained of was a sprain of the ankle and foot. Tn the statutory statement filed by the plaintiff, the amount of damages claimed was $1,500, and in the writ $1,000.. Before the case was opened to the jury, the plaintiff was allowed to amend by increasing the ad damnum to $8,000, and the defendants excepted. Verdict, $1,559: In his closing argument to the jury, the plaintiff’s counsel, after he had finished the discussion of the question of the defendants’ liability, said to them, upon the question of damages,— “ When people get $1,200…
1Opinion of the CourtSmith, J.
Whether justice required the allowance of the amendment increasing the ad damnum was a question for the trial court, and ordinarily such questions will not be revised at the law term. Broadhurst v. Morgan, 66 N. H. 480. It is usual to grant such leave, as of course, upon motion, before trial. No reason has been shown why the exception to its allowance should be sustained. Gen. Laws, c. 226, s. 9; Laws 1879, c. 7, s. 1; How. Pr. 365; Judge of Probate v. Jackson, 58 N. H. 458.
The statement required by Gen. Laws, c. 75, s. 7, must be filed within ten days from the date when the traveller was…
2Cases cited2 opinions
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- Hooge v. City of MilnorNorth Dakota Supreme Court · 1927
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