Stimpson v. Wellington Service Corp.

In three actions of tort, consolidated for trial, after the jury had returned verdicts for the plaintiffs (whom we refer to respectively as Stimpson, Inter-chemical and Phelps-Dodge) the judge reserved leave to enter verdicts for the defendant and reported to this court two issues of law in each case: 1. Were the alleged violations of law a condition or a proximate cause of the damage? 2. Were the verdicts supported by proof of negligence or founded on conjecture and speculation?

With the report we have the transcript of the evidence before the jury and an auditor’s report. In 1962 Stimpson…