
    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.
   Chase, J.

There was no érror of law in the ruling. Bill of Rights, art. 20; Streeter v. Company, 65 N. H. 201.

Exception overruled.

All concurred.  