Legal Opinion

McTaggart v. Maine Central Railroad

Supreme Judicial Court of Maine

Decided May 19, 1905PublishedCited by 10 opinions

On report. Action on the case to recover damages for wrongful injuries causing the immediate death of John McTaggart, the plaintiff’s intestate. After the evidence had been taken out, it was agreed that the case should be reported to the Law Court, with the following stipulations : “ The case is to be heard as if a verdict had been rendered for the plaintiff and a motion had been filed by the defendant,for a new trial.

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On report. Action on the case to recover damages for wrongful injuries causing the immediate death of John McTaggart, the plaintiff’s intestate. After the evidence had been taken out, it was agreed that the case should be reported to the Law Court, with the following stipulations : “ The case is to be heard as if a verdict had been rendered for the plaintiff and a motion had been filed by the defendant,for a new trial. If upon the admissible evidence the action is sustainable, judgment is to be rendered for the plaintiff for $5,000 damages; otherwise judgment for the defendant. The defendant…

1Opinion of the CourtSavage, J.

Case for wrongful injuries causing immediate death of John McTaggart, plaintiff’s intestate. This case is now before us on report, with a stipulation that it is to be heard as if a verdict had been rendered for the plaintiff, and a motion had been filed by the defendant for a new trial. All conclusions and inferences of fact, therefore, which a jury would have been warranted by the evidence in finding for the plaintiff, must be found by us for the. plaintiff. Substantially all the evidence was put in by the plaintiff, and there is little dispute, so far as it goes.

It appears that for some…

2Cited by10 opinions

  1. Unobskey v. Continental InsuranceSupreme Judicial Court of Maine · 1952
  2. Stodder v. Coca-Cola Bottling Plants, Inc.Supreme Judicial Court of Maine · 1946
  3. Bubar v. BernardoSupreme Judicial Court of Maine · 1942
  4. Adams v. RichardsonSupreme Judicial Court of Maine · 1935
  5. Judkins v. BucklandSupreme Judicial Court of Maine · 1953

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