BUTTERS v. KANE


347 A.2d 602 (1975)

Beverly A. BUTTERS v. Peter L. KANE v. Robert J. BUTTERS.

Supreme Judicial Court of Maine.

November 25, 1975.


Attorney(s) appearing for the Case

Berman, Berman & Simmons, P.A. by C. Martin Berman, Jack H. Simmons, Lewiston, for plaintiff.

Preti & Flaherty by John Paul Erler, Portland, for defendant and third-party plaintiff.

Hewes & Culley by Peter W. Culley, Portland, for third-party defendant.

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


POMEROY, Justice.

The entry of judgment n.o.v. (Rule 50(b), M.R.Civ.P.), in favor of a third-party defendant and against a defendant-third-party plaintiff has occasioned this appeal.

We deny the appeal.

The factual framework in which this litigation arose is as follows:

In 1970 two snowmobiles collided. One was operated by appellant Peter Kane; the other by appellee Robert Butters.

Beverly Butters, appellee's wife, was a passenger in...

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