Kerr v. State

In making the State of Maine to be suable at the instance of James H. Kerr, the Eighty-third Legislature annexed the limitation that decision of the case be by the Law Court on report of the evidence. 1927 Resolves, Chap. 237.

According to familiar canons of construction, the meaning already judicially affixed to the phrase “on report” was carried into the legislative enactment.

So the resolve is construed to contemplate that, without reference to matters of purely technical pleading, this Court shall determine from the reality of the record, that is, from the admissible *144evidence and the…