Dyer v. Cumberland County Power & Light Co.
Supreme Judicial Court of Maine
On exceptions. An action on the case for personal injuries sustained by the plaintiff as a result of a collision between an automobile truck owned and operated by the plaintiff, with an electric car of defendant. Plea, the general issue.
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On exceptions. An action on the case for personal injuries sustained by the plaintiff as a result of a collision between an automobile truck owned and operated by the plaintiff, with an electric car of defendant. Plea, the general issue. At the conclusion of the evidence, on motion by defendant, the presiding Justice directed a verdict for defendant, to which ruling plaintiff excepted, defendant having waived strict compliance with N. S., Chap. 82, Sec. 55, in respect to the time of filing written exceptions. Case stated in the opinion.
1Opinion of the CourtSpear, J.
This case comes up on exceptions to the order of a verdict for defendant by the presiding Justice. It presents a mixed question of law and fact. It appears that the case had been previously tried with a verdict for the plaintiff, which was set aside upon motion, as against the evidence. The report of the evidence in the previous trial was not introduced in the present trial, but the presiding Justice in giving his reasons for ordering the verdict for the defendant commented upon the evidence of the former trial. But an examination of the whole case shows that the comments and reasons given by…
2Cited by4 opinions
- Mills v. RichardsonSupreme Judicial Court of Maine · 1927
- Ward v. Cumberland County Power & Light Co.Supreme Judicial Court of Maine · 1936
- Harmon v. RoesselSupreme Judicial Court of Maine · 1957
- Kimball v. BretonSupreme Judicial Court of Maine · 1958