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FARRINGTON v. STODDARD

No. 3575.

115 F.2d 96 (1940)

FARRINGTON v. STODDARD.

Circuit Court of Appeals, First Circuit.

October 23, 1940.

Attorney(s) appearing for the Case

Sidney W. Wernick, of Portland, Me. (Jacob H. Berman, Edward J. Berman, and Berman & Berman, all of Portland, Me., on the brief), for appellant.

Israel Bernstein, of Portland, Me. (Edward S. Anthoine and Bernstein & Bernstein, all of Portland, Me., on the brief), for appellee.

Before MAGRUDER and MAHONEY, Circuit Judges, and SWEENEY, District Judge.

MAGRUDER, Circuit Judge.

This case turns on the Maine death and survival statutes. In Maine, as in other states, the interrelation of these two statutes has been the subject of much perplexing litigation. See Note, The Inadequacies of Existing "Wrongful Death" and "Survival" Legislation, 44 Harv.L.Rev. 980.

On July 11, 1938, Edward Farrington, the plaintiff's testator, while carefully driving a horse-drawn mowing machine on a Maine highway, collided with a...

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