(DOWNLOAD) "Lange v. Goulet" by Androscoggin Supreme Court of Maine # Book PDF Kindle ePub Free
eBook details
- Title: Lange v. Goulet
- Author : Androscoggin Supreme Court of Maine
- Release Date : January 01, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Defendant's motion for a new trial in this cause challenges a jury verdict for $1,500, returned in favor of a 73-year-old plaintiff, slightly lame and somewhat hard of hearing, injured while walking on a cross-walk at an intersection of ways in broad daylight, when struck and knocked down, as he alleges, by a motor vehicle operated by the defendant. A light fall of snow was not sufficient to obscure vision. The allegation of the motion that the damages are excessive has been waived. The sole issues are whether, on the record, the findings of the jury that the defendant was negligent and that the plaintiff was not, implicit in the verdict, were justified. They must be resolved within the established principle that the judgment of a court should not be substituted for that of a jury, based on evidence concerning which reasonable men may differ, Eaton v. Marcelle, 139 Me. 256; 29 A.2d 162. The burden rests on the defendant to show that the verdict is manifestly wrong. Searles v. Ross et al., 134 Me. 77; 181 A. 820.