Jaquith v. Benoit ( 1899 )

Young, J.

The question of allowing the amendment was for the trial term. The defendant had no right to demand that the-merely ministerial act of doubling the damages should be performed by the jury; for it is the province of the jury to find facts*, and the only question of fact in this part of the case was the plaintiff’s actual damages.

Exceptions overruled.,

Peasbee, J., did not sit: the others concurred.