Robinson v. Rockland, Thomaston & Camden Street Railway
Supreme Judicial Court of Maine
Motion by defendant. Case for injuries to a traveler on the highway and to his horse and wagon, alleged to have been caused by defendant’s negligence. The plea was the general issue. The verdict in favor of plaintiff was for $1,116.38. Counsel contended that the court having decided that there was an issue on the question of contributory negligence, and such issue having been submitted to the jury under proper instructions, their verdict should not be disturbed.
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Motion by defendant. Case for injuries to a traveler on the highway and to his horse and wagon, alleged to have been caused by defendant’s negligence. The plea was the general issue. The verdict in favor of plaintiff was for $1,116.38. Counsel contended that the court having decided that there was an issue on the question of contributory negligence, and such issue having been submitted to the jury under proper instructions, their verdict should not be disturbed. Counsel reviewed exhaustively the testimony and contended that the verdict was fully justified by the evidence.
1Opinion of the CourtPowers, J.
Action on the case to recover for injuries to the plaintiff and his team received in a collision at Walker’s crossing in Thomaston, alleged to have been caused by the negligence of the defendant in the running and management of one of its construction cars on the morning of July 16, 1902. The verdict was for the plaintiff and the defendant moves to set it aside as against evidence.
While the evidence as to the defendant’s negligence is very conflicting, yet the jury had the advantage which we cannot have of seeing and hearing the witnesses, and if they believed those of the plaintiff we think…
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