Fillion v. Allain

This is an action in general assumpsit to recover the reasonable value of plaintiff’s services as a handyman for the period from August 2, 1950 to November 1, 1955. The jury returned a verdict of $4080. The case is before us on motion for a new trial on the usual grounds. The motion must be sustained.

The pertinent facts may be stated briefly:

The plaintiff, 85 years of age at the time of trial in January 1957, was in the employ of the defendant for 35 years in various capacities about the defendant’s lumber business. In 1936 or 1937 the plaintiff became unable to carry on strenuous work on a…