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SMITH v. STATE

No. 83-429.

125 N.H. 799 (1984)

GEORGE SMITH v. THE STATE OF NEW HAMPSHIRE

Supreme Court of New Hampshire.

December 31, 1984.

Attorney(s) appearing for the Case

Brown & Nixon P.A., of Manchester (David W. Hess on the brief and orally), for the plaintiff.

Gregory H. Smith, attorney general (Martin R. Jenkins, assistant attorney general, and David K. Mulhern, attorney, on the brief, and Mr. Jenkins orally), for the State.

SOUTER, J.

The plaintiff appeals a judgment under former RSA 249:38 (now RSA 236:39), rendered on a counterclaim filed against him by the State to recover the cost of repairing damage to a bridge and highway. At trial the plaintiff urged that equitable considerations barred a finding of liability against him. He seasonably objected to certain evidence offered to prove damages and has appealed the award of them. We affirm the finding of liability but reverse the determination...

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