Smith v. Kennard

MEMORANDUM OF DECISION.

The Plaintiff, Harry J. Smith, doing business as Eastern Surplus Co., appeals from an order of judgment entered after a jury-waived trial in Superior Court, Washington County, on May 25, 1983, denying him recovery on his complaint but awarding the Defendant, Freeman L. Kennard, damages in the amount of $35,500 on his counterclaim, in a tort action arising from a two-vehicle collision in Perry. The Plaintiff contends that the award to the Defendant was excessive and not supported by competent evidence.

An award of damages will be disturbed only when it is plain that there…