Opinion
No. 6083
Decided June 29, 1973
1. Trial court's refusal to reopen a case after verdict so as to enable a party to present evidence available during the trial was not an abuse of discretion.
Francis J. Riordan, orally, for the plaintiff.
Shute, Engel Frazier for the defendant, filed no brief.
This is a petition to establish a boundary line and enjoin a continuous trespass to land. Trial before a Master, Leonard Hardwick, Esq., resulted in a boundary determination to which the plaintiff objected. Subsequent to the approval of the master's report by Morris, J., plaintiff moved to reopen the case in order to present evidence of plaintiff's chain of title. The master's denial of this motion was approved by the Trial Court, Morris, J., who reserved and transferred the plaintiff's exceptions. The refusal to reopen the case after the verdict to present evidence available during trial cannot be held an abuse of discretion. Sargent v. Janvrin, 109 N.H. 66, 242 A.2d 73 (1968); Ricker v. Mathews, 94 N.H. 313, 316, 53 A.2d 196, 198 (1947).
Plaintiff's exceptions overruled.