Wilkins v. Manchester

67 A. 560, 74 N.H. 275, 1907 N.H. LEXIS 40

Opinion

Young, J.

If the question intended to be transferred is whether the plaintiff is entitled to a jury trial, the answer is yes, for that right is given him by statute. P. S., c. 68, s. 10; Laws 1897, c. 13. But if the question is the measure of his damages, the answer is that he can recover no more than the commissioners-awarded him, if the agreed case contains all the evidence bearing: on that question, for this ease cannot be distinguished from Walker v. Manchester, 58 N. H. 438.

Case discharged.

All concurred.