Levesque v. Dumont
Supreme Judicial Court of Maine
Action to recover damages for death of plaintiff’s intestate on account of alleged negligence on part of defendants. Action brought under R. S., 1916, Chap. 92, Secs. 9-10. At close of evidence, presiding Justice directed verdict for defendant with certain stipulations which provided that in case the Law Court should decide that there was evidence enough to sustain a verdict for the plaintiff, it was agreed that the Law Court should enter judgment for the plaintiff and fix…
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Action to recover damages for death of plaintiff’s intestate on account of alleged negligence on part of defendants. Action brought under R. S., 1916, Chap. 92, Secs. 9-10. At close of evidence, presiding Justice directed verdict for defendant with certain stipulations which provided that in case the Law Court should decide that there was evidence enough to sustain a verdict for the plaintiff, it was agreed that the Law Court should enter judgment for the plaintiff and fix such damages as the Law Court should decide the plaintiff would be entitled to recover upon all the evidence. Judgment in…
1Opinion of the CourtBird, J.
An action on the case to recover damages for death of the plaintiff’s intestate on account of alleged negligence of defendant. R. S., 1903, Chap. 89, Secs. 9 and 10. (R. S., 1916, Chap. 92, Secs. 9 and 10).
*263This case has been twice tried. The first trial resulted in a verdict for the plaintiff. The motion of defendants for a new trial was sustained by this court upon the ground that the contributory negligence of plaintiff’s intestate was a bar to recovery. Levesque v. Dumont, 116 Maine, (Madigan, J.) 25. The second trial was had at the April term, 1917. At the close of the evidence, the…
2Cases cited5 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Northern Pacific Railroad v. MaresSupreme Court of the United States · 1887
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Chicago, M. & St. P. Ry. Co. v. BennettCourt of Appeals for the Eighth Circuit · 1910
- Hart v. Northern Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1912
3Cited by6 opinions
- Field v. WebberSupreme Judicial Court of Maine · 1933
- Greene v. WilleySupreme Judicial Court of Maine · 1952
- Ward v. Cumberland County Power & Light Co.Supreme Judicial Court of Maine · 1936
- Bechard v. LakeSupreme Judicial Court of Maine · 1940
- Smith v. Joe's Sanitary Market, Inc.Supreme Judicial Court of Maine · 1933
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