Ferguson v. Bretton

POMEROY, Justice.

For the third time in the last few weeks we are faced with a claim of error arising from direction of a verdict for the defendant by the presiding justice in a case bottomed on 14 M.R.S.A. § 156 (Comparative Negligence Act).

The plaintiff has appealed.

The action of the presiding justice in this case receives the same fate as did the action of the presiding justices in the other two cases.

We sustain the appeal.

Unlike the situation in Lowery v. Taylor and Sons, Inc., Me., 374 A.2d 325 (1977) and Lyman v. Bourque, Me., 374 A.2d 588 (1977), the presiding justice in the instant…