Brawn v. John Lucas Tree Expert Co.

Plaintiff was awarded a summary judgment interlocutory in character on the issue of liability alone. Maine Rules of Civil Procedure, 56 (c), 155 Me. 559. This case has been reported to the Law Court upon motion of the defendant pursuant to Rule 72 (c), M. R. C. P., 155 Me. 573, for determination of a question of law.

Plaintiff had instituted a civil action against the defendant under the provisions of R. S., c. 124, § 11. The complaint alleges:

“1. Plaintiff, Ivan Brawn, is the owner of a certain parcel of improved grass land and ornamental ground located at the Junction of the Verona Island -…