Glidden v. Bath Iron Works Corp.

This case presents defendant’s exceptions to the overruling of a special demurrer which, after the amendment of the several counts to eliminate allegations of damage which are not proper elements thereof, challenges the sufficiency of the declaration for its failure to allege either a legal duty owed by the defendant to the plaintiff or the violation thereof, or facts from which such duty, or violation, might be inferred. The alternative form of alleging the omissions satisfies the principle recognized in Chickering v. Lincoln County Power Co., 118 Me. 414; 108 A. 460; recently affirmed in…