Royal v. Bar Harbor & Union River Power Co.
Supreme Judicial Court of Maine
On exceptions by both plaintiff and defendant. This is an action on the case to recover damages for the instant death of the plaintiff’s intestate, alleged to be due to the negligence of the defendant. Plea, the general issue. The defendant demurred to the first count in plaintiff’s declaration. The presiding Justice sustained said demurrer. The plaintiff was allowed to amend her declaration, and to the allowance of the amendment, the defendant excepted.
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On exceptions by both plaintiff and defendant. This is an action on the case to recover damages for the instant death of the plaintiff’s intestate, alleged to be due to the negligence of the defendant. Plea, the general issue. The defendant demurred to the first count in plaintiff’s declaration. The presiding Justice sustained said demurrer. The plaintiff was allowed to amend her declaration, and to the allowance of the amendment, the defendant excepted. At the conclusion of the evidence, the Justice presiding directed a verdict for the defendant. To which direction the plaintiff excepted.…
1Opinion of the Court
Savage, C. J .
Action under Revised Statutes, Chapter 89, Section 9, for damages resulting from the negligence of the defendant, whereby the plaintiff’s intestate was instantly killed. The case comes before this court on the defendant’s exceptions to the allowance of an amendment to the plaintiff’s declaration, and on the plaintiff’s exceptions to the direction of a verdict for the defendant.
It will not be necessary to consider the defendant’s exceptions, for we think that the direction of a verdict for the defendant was right. And the overruling of the plaintiff’s exceptions will finally…
2Cited by4 opinions
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- Pike v. SmithSupreme Judicial Court of Maine · 1921
- Giles v. PutnamSupreme Judicial Court of Maine · 1954