MERRILL v. WALLINGFORD


148 A.2d 97 (1959)

John E. MERRILL v. Ivan WALLINGFORD.

Supreme Judicial Court of Maine.

January 26, 1959.


Attorney(s) appearing for the Case

Richard Harvey, Herbert H. Bennett, Portland, for plaintiff.

Paul A. Choate, Frank W. Linnell, Auburn, for defendant.

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


SULLIVAN, Justice.

This is a common law action of tort instituted by the plaintiff to retrieve his damages for personal injuries and their consequences, sustained by him whilst working as a mechanic for the defendant. The Workmen's Compensation Act does not apply since the defendant had but two employees. R.S. (1954), c. 31, § 4; P.L.1957, c. 343.

At the close of the plaintiff's evidence the defendant moved for a directed verdict. The motion was denied...

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