BIRMINGHAM v. SEARS, ROEBUCK & COMPANY


121 A.2d 335 (1956)

Harold BIRMINGHAM v. SEARS, ROEBUCK & COMPANY.

Supreme Judicial Court of Maine.

February 8, 1956.


Attorney(s) appearing for the Case

James P. Archibald, Houlton, for plaintiff.

Beck & Beck, Presque Isle, Scott Brown, Houlton, for defendant.

Before FELLOWS, C. J., and WILLIAMSON, WEBBER, BELIVEAU, TAPLEY and CLARKE, JJ.


WILLIAMSON, Associate Justice.

This tort action is before us on motion for a new trial after verdict for the defendant. The plaintiff seeks to recover damages suffered through negligence in the installation of automatically controlled ventilating equipment in the basement of a barn used for the storage of approximately 12,000 barrels of potatoes.

The purpose of the equipment was not to heat the storage space, but to remove excess heat and moisture. The defendant...

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