PICARD v. LIBBY


127 A.2d 490 (1956)

Elzear J. PICARD, Adm'r, Estate of Philip Picard, v. Albert LIBBY.

Supreme Judicial Court of Maine.

December 6, 1956.


Attorney(s) appearing for the Case

Niehoff & Niehoff, Waterville, for plaintiff.

Bartolo M. Siciliano, Dexter, for defendant.

Before WILLIAMSON, C. J., and WEBBER, BELIVEAU, TAPLEY, SULLIVAN and DUBORD, JJ.


WILLIAMSON, Chief Justice.

This is an action under the Death Statute, so-called, arising from the death of a child four years of age. R.S. c. 165, Secs. 9, 10. The case is before us on exceptions, first, to the allowance of the filing of an amendment, and second, to the overruling of a special demurrer.

First Exception

At the February Term 1956 of the Kennebec Superior Court the plaintiff, administrator of the child's estate, filed a motion to amend...

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