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80 N.H. 11

112 A 395

Newick v. Eastham

Supreme Court of New Hampshire

Decided January 4, 1921

Supreme Court of New Hampshire · decided 1921-01-04

Assumpsit, to recover for the use and occupation of the ice-house and pond at the plant formerly occupied by the Eldridge brewery in Portsmouth. The liability was admitted. The only issue submitted to the jury was the fair rental value of the premises for the time occupied. The jury returned a verdict for $1685.

Cited by 1 later decisions — most recently January 1937

1 state decisions

Relies on Tucker v. Peaslee · Wright v. Woodward · Eaton v. Welton & Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1921-01-04

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Plummer, J.

¶1 The issue submitted to the jury was the fair rental value of the premises occupied for the time involved. All the evidence excepted to by the defendants had some tendency to show the value of the use and occupation of the plaintiff’s premises, and was, therefore, competent upon that issue. “Evidence having any tendency, however slight, to prove a particular fact, is competent to be submitted to the jury to show that fact.” Eaton v. Welton, 32 N. H. 352; Tucker v. Peaslee, 36 N. H. 167, 179; 10 R. C. L. 928; Wright v. Woodward, 79 N. H. 474.

¶2 Exceptions overruled.

All concurred.
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