Legal Opinion · Dissent

Orr v. First National Stores, Inc.

Supreme Judicial Court of Maine

Decided August 17, 1971Published

1DissentWebber, Justice

Although I agree with my Brothers that the jury verdict for plaintiffs must be set aside for the reasons stated in the opinion of the Court, I would go further and order judgment n. o. v. for the defendant.

The facts are well and fully stated in the opinion and it is only necessary here to restate certain facts for emphasis — facts which in my view are most significant and controlling within the framework of applicable principles of law. The minor plaintiff was eight years and ten months old. She was a responsive and intelligent witness and must be deemed to have acquired some of the…

2Cases cited16 opinions

  1. Crane v. SmithCalifornia Supreme Court · 1943
  2. McHugh Et Ux. v. Reading Co.Supreme Court of Pennsylvania · 1943
  3. Kataoka v. May Department Stores Co.California Court of Appeal · 1943
  4. Hawkins v. Maine & New Hampshire Theaters Co.Supreme Judicial Court of Maine · 1933
  5. Hammontree v. Edison Bros. Stores, Inc.Missouri Court of Appeals · 1954

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