JONES v. BILLINGS


289 A.2d 39 (1972)

Lillian B. JONES v. Everett BILLINGS.

Supreme Judicial Court of Maine.

March 31, 1972.


Attorney(s) appearing for the Case

Collins & Crandall by Wayne R. Crandall, Rockland, Rendle A. Jones, Camden, for plaintiff.

Preti & Flaherty by Robert E. Burns, John J. Flaherty, Portland, A. Alan Grossman, Rockland, for defendant.

Before DUFRESNE, C. J., and WEBBER, WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ.


WEBBER, Justice.

Plaintiff brought action as personal representative of Michael L. Jones, deceased, seeking damages for the alleged wrongful death and conscious suffering of the decedent. The complaint alleges the deceased child, aged three years, climbed or fell into a cesspool on the premises of the defendant, negligently left open and unprotected by the defendant. The complaint does not recite the claimed status of the decedent on defendant's premises nor does...

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