Legal Opinion

Libby v. Maine Central Railroad

Supreme Judicial Court of Maine

Decided June 14, 1917PublishedCited by 2 opinions

Action on the case to recover damages on account of fire caused by the defendant company, said actions being brought under R. S., 1903, Chap. 52, Sec. '73, (R. S., 1916, Chap. 57, Sec. 63). The two plaintiffs were husband and wife and the actions were tried together. In each case defendant filed plea of general issue.

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Action on the case to recover damages on account of fire caused by the defendant company, said actions being brought under R. S., 1903, Chap. 52, Sec. '73, (R. S., 1916, Chap. 57, Sec. 63). The two plaintiffs were husband and wife and the actions were tried together. In each case defendant filed plea of general issue. In case of Ethel R. Libby, verdict was rendered in sum of $3008, and in case of Lewis F. Libby, verdict in sum of $1143. In each case defendant filed motion for new trial, and also exceptions to admissibility of certain testimony. Case stated in opinion.

1Opinion of the CourtMadigan, J.

These two actions on the case, based on Sec. 73, Chap. 52, of the R. S., for burning buildings and personal property of Mrs. Libby, and personal property of her husband were tried together and the jury returned verdicts for the plaintiffs. On a general motion and exception to the admission of evidence they are before the Law Court.

The plaintiffs lived on a farm in the town of Clinton, on the westerly side of the highway leading from Clinton to Burnham, and easterly *233of and adjacent to the tracks of defendant’s railroad. The buildings consisted of a dwelling house, ell, shed, bam, and hog…

2Cases cited3 opinions

  1. Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
  2. Texas & Pacific Railway Co. v. WatsonSupreme Court of the United States · 1903
  3. McGinn v. PlattMassachusetts Supreme Judicial Court · 1900

3Cited by2 opinions

  1. Schaff v. CoyleSupreme Court of Oklahoma · 1925
  2. Goodwin v. Boston & Maine RailroadSupreme Judicial Court of Maine · 1936

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