Electric Company v. Dow

This was a writ of error to reverse a judgment of the supreme court of New Hampshire against the Electric Company, a corporation of the state of New Hampshire, the plaintiff in error, upon a petition filed by Samuel I. Dow for the assessment of damages occasioned to his land by an overflow caused by a dam erected by the defendant company in the Piscataqua river. The defendant company also filed a petition praying for an inquisition into the question of damages. The proceedings were had under the general mill act of that state, approved July 3, 1868. Both parties elected trial by jury, which resulted in a verdict for Dow in the sum of $1,500. The plaintiff moved that 50 per cent. be added to the amount of the verdict, in pursuance of a provision of the statute which is as follows:

'If either party shall so elect, said court shall direct an issue to the jury to try the facts alleged in the said petition and assess the damages; and judgment rendered on the verdict of such jury, with fifty per cent. added, shall be final, and said court may award costs to either party at its discretion.'

The defendant objected to this motion on the ground that said provision of the statute requiring the court to add 50 per cent. to the damages assessed by the jury was in violation of the constitution of the United States. The question thus raised was reserved by the trial judge, and certified to the law term of the supreme court of the state, which overruled the defendant's contention; and judgment was accordingly entered in the supreme court for the amount of the verdict, with 50 per cent. added, and costs, to review which this writ of error was sued out.

H. E. Loveren, for plaintiff in error.

Henry M. Baker, for defendant in error.

Mr. Justice SHIRAS, after stating the facts in the foregoing language, delivered the opinion of the court.