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ELECTRIC COMPANY v. DOW

No. 258.

166 U.S. 489 (1897)

ELECTRIC COMPANY v. DOW.

Supreme Court of United States.

Decided April 19, 1897.

Attorney(s) appearing for the Case

Mr. H.E. Loveren and Mr. David Cross for plaintiff in error.

Mr. Henry M. Baker for defendant in error.

MR. JUSTICE SHIRAS, after stating the case, delivered the opinion of the court.

We agree with the Supreme Court of New Hampshire in thinking that the plaintiff in error, by availing itself of the power conferred by the statute, and joining in a trial for the assessment of the damages, is precluded from denying the validity of that provision which prescribes that fifty per cent shall be added to the amount of the verdict. The act confers a privilege, which the plaintiff...

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