Eaton v. Marcelle

These are two cross actions of negligence growing out of an automobile collision on August 16, 1941, at the intersection of High and Oak Streets in the city of Bath. The jury found for Mr. Eaton in both actions. Miss Marcelle presents motions based on the usual grounds for a new trial in each action. No exceptions were taken and so it must be assumed that proper instructions as to the applicable law were given to the jury. Frye v. Kenney, 136 Me., 112, 115, 3 A. (2d), 433.

The parties presented to the jury conflicting facts and theories as to the cause of the collision. Mr. Eaton contended…