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MORNEAULT v. INHABITANTS OF TOWN OF HAMPDEN

74 A.2d 455 (1950)

MORNEAULT v. INHABITANTS OF TOWN OF HAMPDEN.

Supreme Judicial Court of Maine.

June 20, 1950.

Attorney(s) appearing for the Case

George F. Eaton, Bangor, George F. Peabody, Bangor, for plaintiff.

Randolph A. Weatherbee, Bangor, for defendant.

Before MURCHIE, C. J., and THAXTER, FELLOWS, MERRILL, NULTY, and WILLIAMSON, JJ.

WILLIAMSON, Justice.

On motion for a new trial, the defendant town has the burden of establishing that the jury was plainly wrong in finding first, that the motor vehicle accident with resulting damage was caused by a defect in the highway, or second, that the plaintiff was free from contributory negligence. The ground in the motion that the damages were excessive was not argued by the defendant and is, therefore, considered...

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