Carrier v. Bornstein

This action was brought under the authority of the death statute, which creates a right of action where at common law there was none. R. S., Chap. 101, Secs. 9, 10, as amended by P. L. 1933, Chap. 113; McKay v. Dredging Company, 92 Me., 454, 43 A., 29; Anderson v. Wetter, 103 Me., 257, 69 A., 105; Danforth v. Emmons, 124 Me., 156, 126 A., 821; Field v. Webber, 132 Me., 236, 169 A., 732. The plaintiff administrator gained the verdict. Defendant moves for a new trial, assigning general grounds. As regards liability, he, however, concedes that the jury finding is not disturbable. His sole urge…