From Casetext: Smarter Legal Research

Jaquith v. Benoit

Supreme Court of New Hampshire Hillsborough
Jun 1, 1899
45 A. 714 (N.H. 1899)

Opinion

Decided June, 1899.

Whether a declaration in debt may be amended by filing a count in case. is a question determinable at the trial term. In an action to recover double damages for the bite of a dog, only the actual damages are to be assessed by the jury.

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.

Wason Jackson, for the plaintiff.

Henry B. Atherton, for the defendant.


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.

PEASLEE, J., did not sit: the others concurred.


Summaries of

Jaquith v. Benoit

Supreme Court of New Hampshire Hillsborough
Jun 1, 1899
45 A. 714 (N.H. 1899)
Case details for

Jaquith v. Benoit

Case Details

Full title:JAQUITH v. BENOIT

Court:Supreme Court of New Hampshire Hillsborough

Date published: Jun 1, 1899

Citations

45 A. 714 (N.H. 1899)
45 A. 714

Citing Cases

Smith v. Hallahan

Lastly, it is argued that the double damages provided for by the act cannot be recovered because not in terms…

Jaques v. Chandler

P. S., c. 76, s. 8; Boyd v. Derry, 68 N.H. 272. What justice requires, whenever the question arises, is "a…