McKay v. New England Dredging Co.
Supreme Judicial Court of Maine
On Motion by Dependant. This was the second trial of an action brought by an administrator, to recover damages for the loss of the life of his intestate by reason of the negligence of the defendant corporation, and in which the jury returned a verdict of $1,990 for the plaintiff. The action is brought under the provisions of chapter 124 of the statute of 1891, for the benefit of the father and mother, they being the sole heirs of the intestate.
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On Motion by Dependant. This was the second trial of an action brought by an administrator, to recover damages for the loss of the life of his intestate by reason of the negligence of the defendant corporation, and in which the jury returned a verdict of $1,990 for the plaintiff. The action is brought under the provisions of chapter 124 of the statute of 1891, for the benefit of the father and mother, they being the sole heirs of the intestate. At the trial of the first action the jury returned a verdict of $2000, which was set aside on account of the damages being excessive, the law court…
1Opinion of the CourtEmery, J.
When this case was first before the law court, as reported in 92 Maine, 454, we declared that the finding of the jury upon the question of the defendant’s liability for the death of the plaintiff’s intestate was not made to appear so unmistakably wrong *205as to require us to set it aside. We did set the verdict aside, however, because of the excessive damages assessed by the jury.
A second jury has assessed the damages at neai'ly the same sum that was assessed by the first jury, although the evidence upon the question of damages at the second trial did not preponderate any more for the plaintiff.…
2Cases cited1 opinion
- Negus v. SimpsonMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
- Clark v. New York, New Haven & Hartford R. R.Supreme Court of Rhode Island · 1911
- Plante v. Canadian National RailwaysSupreme Judicial Court of Maine · 1942
- Cosgrove v. FoggSupreme Judicial Court of Maine · 1947