Supreme Court of New Hampshire, 1899

Jaquith v. Benoit

Jaquith v. Benoit
Supreme Court of New Hampshire · Decided June 5, 1899 · Young, Peasbee
45 A. 714; 70 N.H. 1

Jaquith v. Benoit

Opinion of the Court

Young, 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.

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