SAVOY v. BUTLER


97 A.2d 543 (1953)

SAVOY v. BUTLER.

Supreme Judicial Court of Maine.

June 3, 1953.


Attorney(s) appearing for the Case

Paul E. LeSieur, Saco, for plaintiff.

Lausier & Donahue, Simon Spill and Armstrong, Marshall & Melnick, Biddeford, for defendant.

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


WILLIAMSON, Justice.

In this tort action the plaintiff employee was struck by a tree felled by the defendant employer. Two issues are presented by the defendant's motion for a new trial: (1) contributory negligence of the plaintiff, and (2) damages. The defendant in argument agrees that the evidence warrants a finding of negligence on his part.

It will serve no useful purpose to review the record in detail. The evidence we must consider in the light most favorable...

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