HAMMOND v. MAINE CENT. R. R.


390 A.2d 502 (1978)

Franklin H. HAMMOND and Stella Hammond v. MAINE CENTRAL RAILROAD.

Supreme Judicial Court of Maine.

August 9, 1978.


Attorney(s) appearing for the Case

Hart, Stinson & Lupton, P. A. by Ronald W. Lupton (orally), Bath, for plaintiffs.

Pierce, Atwood, Scribner, Allen, Smith & Lancaster by Ralph I. Lancaster, Jr. (orally), David T. Flanagan, Portland, for defendant.

Before POMEROY, WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ., and DUFRESNE, A. R. J.


NICHOLS, Justice.

The Plaintiffs, Franklin and Stella Hammond, commenced this action for damages against the Defendant, Maine Central Railroad, as the result of a collision on June 24, 1975 in Wiscasset between one of the Defendant's trains and a van operated by Mr. Hammond. Mrs. Hammond joined in this action seeking damages for loss of consortium.

At pre-trial conference, in an effort to simplify the issues, M.R.Civ.P. 16(c)(2)(1), the parties stipulated...

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