Horan v. Byrnes 72 N.H. 600

Hillsborough,

May 3, 1904.

Horan v. Byrnes.

Case, for maintaining a fence over five feet in height. The ad damnum is $1,000. At two prior trials of the case the juries returned verdicts in favor of the plaintiff for $25 and $20 respectively. At each trial the plaintiff testified that his loss of rent by the defendant’s wrong was $100. It is not probable that another jury will award over $100 damages. The defendant’s motion for a trial of the case by the court was denied, subject to exception. Transferred from the September term, 1903, of the superior court by Peaslee, J.

Patrick E Sullivan, for the plaintiff.

Rurnham, Brown, Jones Warren, for the defendant.