NORTHERN TERMINALS, INC. v. SMITH GROCERY, ETC.

No. 135-79.

418 A.2d 22 (1980)

NORTHERN TERMINALS, INC. v. SMITH GROCERY & VARIETY, INC.

Supreme Court of Vermont.

Motion for Reargument Denied June 24, 1980.


Attorney(s) appearing for the Case

John P. Ambrose, Law Office of Donald E. O'Brien, Burlington, for plaintiff.

Robinson E. Keyes and R. Joseph O'Rourke of Ryan, Smith & Carbine, Ltd., Rutland, for defendant.

BARNEY, C. J., DALEY, BILLINGS and HILL, JJ., and COOK, D. J., Specially Assigned.


HILL, Justice.

Plaintiff appeals from a judgment of the superior court entered on a jury verdict that granted defendant $44,944.00 in damages on its counterclaim. We affirm.

On appeal from a jury verdict the Court is obliged to construe the evidence in the light most favorable to the prevailing party, defendant here, without regard to modifying evidence, for it is implicit in a jury verdict in favor of one party that the jury believed, or at least attached...

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