Gould v. Bangor and Aroostook Railroad Company

WEBBER, Justice.

These two cases, tried together, resulted in jury verdicts for the two plaintiffs. The cases arise from a crossing accident in which a cement truck owned by Trombly Construction Company and operated by Trombly’s employee Gould was in collision with a train operated by defendant Railroad. Applying the doctrine of comparative negligence, the jury reduced a verdict of $20,000 for Gould for his personal injuries by $8,000 but reduced a verdict of $8,000 for Trombly for its property damage by only $3,000. Since the negligence attributable to both plaintiffs is necessarily…