SWALLOW v. CITY OF LEWISTON


534 A.2d 975 (1987)

Lily C. SWALLOW, et al. v. CITY OF LEWISTON.

Supreme Judicial Court of Maine.

Decided December 22, 1987.


Attorney(s) appearing for the Case

Ronald P. Lebel (orally), J. Mitchell Flick, Rocheleau, Fournier & Lebel, Lewiston, for plaintiffs.

Laurie A. Gibson, Stephen B. Wade (orally), Skelton, Taintor & Abbott, Auburn, for defendant.

Before NICHOLS, ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ.


WATHEN, Justice.

Defendant City of Lewiston appeals from a judgment of the Superior Court (Androscoggin County) entered on a jury verdict in favor of plaintiffs, Lily and Carl Swallow. On appeal the city contends: (1) that the court erroneously failed to find plaintiffs' claims barred by governmental immunity; (2) that the trial justice erred in instructing the jury concerning the applicability of the Lewiston Building Code; (3) that the trial justice erred on an...

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