Category: Maine Supreme Judicial Court Opinions

Herman COHEN v. MAINE SCHOOL ADMINISTRATIVE DISTRICT NO. 71 et al. Supreme Judicial Court of Maine. February 10, 1977. Appeal from the Superior Court, York County. Murray, Plumb Murray, by Peter L. Murray, Portland, for plaintiff. Drummond, Wescott Woodsum, by Hugh G.E. MacMahon, Harry R. Pringle, Portland, for S.A.D. 71 and Arthur K. Hedberg. Thompson, […]

743 A.2d 1264 MAINE SHIPYARD MARINE RAILWAY v. Daniel G. LILLEY and Annette P. Lilley, Trustees of the Lilley Trust, and Daniel G. Lilley, individually. Docket Cum-99-234.Supreme Judicial Court of Maine.Argued January 5, 2000. Decided January 21, 2000. Appeal from the Superior Court, Cumberland County, Mills, J. Page 1265 Attorneys for plaintiffs: Carl W. Tourigny, […]

Lezime RAYMOND v. STATE of Maine et al. Supreme Judicial Court of Maine. April 2, 1969. Appeal from the Superior Court, Kennebec County Donald H. Marden, Waterville, for plaintiff. John W. Benoit, Jr., Asst. Atty. Gen., Augusta, for defendants. Before WEBBER, TAPLEY and WEATHERBEE, JJ. WEBBER, Justice. This was an appeal from the discharge of […]

712 A.2d 1064 KEY BANK, N.A. v. Stanley W. MOTT, Jr. et al. Supreme Judicial Court of Maine.Submitted on Briefs January 8, 1998. Decided June 17, 1998. Appeal from the Superior Court, Penobscot County, Mead, J. Michael S. Haenn, Bangor, for plaintiff. George W. Kurr, Jr., Logan, Kurr Hamilton, Bangor, for defendants. Before WATHEN, C.J., […]

Roger PELKEY, et al. v. CITY OF PRESQUE ISLE, et al. Supreme Judicial Court of Maine.Argued October 1, 1996. Decided November 21, 1996. Page 430 Appeal from the Superior Court, Aroostook County, Pierson, J. Allan Hanson (orally), Caribou, for Plaintiff. Jonathan Sprague (orally), Stevens, Engels, Bishop Sprague, Presque Isle, for Defendant. Before WATHEN, C.J., ROBERTS, […]

Lily C. SWALLOW, et al. v. CITY OF LEWISTON. Supreme Judicial Court of Maine.Argued November 20, 1987. Decided December 22, 1987. Appeal from the Superior Court, Androscoggin County. 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 […]

STATE of Maine v. Donald A. DAVIS. Supreme Judicial Court of Maine. October 16, 1979. Appeal from the Superior Court, Cumberland County. Henry N. Berry, III, Dist. Atty., Peter G. Ballou, Asst. Dist. Atty., Portland, Barbara J. Mantigani (orally), Law Student, for plaintiff. Daniel G. Lilley (orally), E. Paul Eggert, Portland, for defendant. Before McKUSICK, […]

Salvatore VELLA and Trician Marine Corporation, d/b/a Camden Harbour Inn v. TOWN OF CAMDEN. Supreme Judicial Court of Maine.Argued February 8, 1996. Decided June 5, 1996. Appeal from the Superior Court, Knox County, Atwood, J. Page 1052 Edward F. Bradley (orally), Portland, for Plaintiffs. Terry W. Calderwood (orally), Eaton, Peabody, Bradford Veague, P.A., Camden, for […]

734 A.2d 191 MAINE CIVIL LIBERTIES UNION et al. v. CITY OF SOUTH PORTLAND. Docket Cum-99-60.Supreme Judicial Court of Maine.Argued: June 8, 1999. Decided: July 29, 1999. Appeal from the Superior Court, Cumberland County, Cole J. Page 192 Attorney for the plaintiff: David Lourie, Esq. (orally) Attorney for the defendant: Mary Kahl, Esq. (orally) Panel: […]

STATE of Maine v. Daniel J. MELLOR. Supreme Judicial Court of Maine.Argued June 3, 1987. Reargued August 31, 1987. Decided September 1, 1987. Appeal from the Superior Court, Kennebec County. David W. Crook, Dist. Atty., William S. Baghdoyan (orally), Asst. Dist. Atty., Augusta, for plaintiff. Paul L. Bourget (orally), Bourget Bourget, Augusta, for defendant. Before […]

926 A.2d 1197 FPL ENERGY MAINE HYDRO LLC v. DEPARTMENT OF ENVIRONMENTAL PROTECTION. Supreme Judicial Court of Maine.Argued: January 17, 2007. Decided: July 26, 2007. Appeal from the Superior Court, Kennebec County, Marden, J. Page 1198 Mathew D. Manahan, Esq., Catherine R. Connors, Esq. (orally), Pierce Atwood LLP, Portland, for plaintiff. G. Steven Rowe, Attorney […]

Martha FLANIGAN v. AMES DEPARTMENT STORE and MGA Insurance Services. Supreme Judicial Court of Maine.Argued October 6, 1994. Decided January 4, 1995. Appeal from the Workers’ Compensation Commission. Justin W. Leary (orally), Laskoff Sharton, Lewiston, for employee. Jeffrey M. Sullivan (orally), Preti, Flaherty, Beliveau Pachios, Portland, for employer. Before WATHEN, C.J., and GLASSMAN, CLIFFORD, RUDMAN, […]

948 A.2d 1251 CAMDEN NATIONAL BANK v. William M. PETERSON. No. Docket: Lin-07-516.Supreme Judicial Court of Maine.Submitted On Briefs: April 2, 2008. Decided: May 20, 2008. Appeal from the Wiscasset District Court, Mullen, J. Page 1252 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

John H. VONDELL, Jr. v. INHABITANTS OF the TOWN OF MACHIAS. Supreme Judicial Court of Maine. March 3, 1972. Appeal from the Superior Court, Washington County. Page 101 Richard B. Sanborn, Augusta, for plaintiff Alan D. Graves, Machias, for defendant. Before DUFRESNE, C.J., and WEBBER, WEATHERBEE, POMEROY and WERNICK, JJ. WEBBER, Justice. 30 M.R.S.A. § […]

Wayne and Alice MARQUIS v. FARM FAMILY MUTUAL INSURANCE COMPANY. Supreme Judicial Court of Maine.Argued June 15, 1993. Decided July 13, 1993. Appeal from the Superior Court, Aroostook County, Pierson, J. Page 645 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 646 […]

STATE of Maine v. Stanley TOWERS. Supreme Judicial Court of Maine. May 2, 1973. Appeal from the Superior Court, Penobscot County. David M. Cox, County Atty., George Z. Singal, Asst. County Atty., Bangor, for plaintiff. Albert H. Winchell, Jr., Bangor, for defendant. Before DUFRESNE, C.J., and WEBBER, WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ. WERNICK, Justice. […]

Robert F. COLQUHOUN et al. v. Nelson WEBBER et al. Supreme Judicial Court of Maine.Argued January 22, 1986. Decided February 26, 1986. Appeal from the Superior Court, Lincoln County. James W. Gallagher, (orally), Damariscotta, for plaintiff. R. James Davidson, (orally), Waldoboro, for defendant. Before McKUSICK, C.J., and ROBERTS, GLASSMAN and SCOLNIK, JJ. McKUSICK, Chief Justice. […]

704 A.2d 866 Walter JOHNSON v. SAMSON CONSTR. CORP., et al. No. Cum-97-82.Supreme Judicial Court of Maine.Submitted September 16, 1997. Decided November 24, 1997. Appeal from the Superior Court, Cumberland County, Brennan, J. Page 867 Richard Golden, Clifford Golden, Lisbon Falls, for plaintiff. John S. Campbell, Poulos Campbell, Portland, for defendant. Before WATHEN, C.J., and […]

694 A.2d 456 TOWN OF SANFORD v. J N SANFORD TRUST. Supreme Judicial Court of Maine.Argued March 3, 1997. Decided May 6, 1997. Appeal from the Superior Court, York County, Saufley, J. Page 457 Sally J. Daggett (orally) and William H. Dale, Jensen, Baird, Gardner Henry, Portland, for plaintiff. David P. Silk (orally), Curtis Thaxter […]

Emily DALTON v. Whitney W. AUSTIN, Sr. Supreme Judicial Court of Maine.Argued March 3, 1981. Decided July 22, 1981. Appeal from the Superior Court, Penobscot County. Page 775 Paine Lynch, Martha J. Harris, John D. Bunker, Bangor (orally), for plaintiff. Fenton, Griffin, Chapman, Smith Fenton, William Fenton, Bar Harbor (orally), for defendant. Before McKUSICK, C.J., […]

689 A.2d 605 Jon K. OLSON, et al. v. SECRETARY OF STATE. Supreme Judicial Court of Maine.Argued December 2, 1996. Decided February 27, 1997. Appeal from the Superior Court, Kennebec County, Alexander, J. Page 606 Catherine R. Connors (orally), Matthew D. Manahan, Pierce Atwood, Portland, for plaintiffs. Andrew Ketterer, Attorney General, H. Cabanne Howard, Asst. […]

951 A.2d 78 Timothy O’CONNOR, Personal Representative of the Estate of Tracy O’Connor v. COUNSELING SERVICES, INC., et al. No. Yor-07-654.Supreme Judicial Court of Maine.Argued: June 16, 2008. Decided: July 10, 2008. Appeal from the Superior Court, York County, Fritzsche, J. John P. Flynn, III, Esq. (orally) Troubh Heisler, Portland, ME, for Timothy O’Connor. Page […]

STATE of Maine v. Paul WEDGE. Supreme Judicial Court of Maine. July 16, 1974. Appeal from the Superior Court, Penobscot County. Page 329 David M. Cox, County Atty., Eugene W. Beaulieu, Robert Briggs, Asst. County Attys., Bangor, for the State. Paine, Lynch, Weatherbee Kobritz by Errol K. Paine, Bangor, for defendant. Before DUFRESNE, C.J., and […]

203 A.2d 40 STATE OF MAINE vs. GEORGE WILLIAM McLEOD Supreme Judicial Court of Maine. Kennebec. August 20, 1964. Sodomy. Evidence. It is of the highest importance in the administration of justice that no man be convicted upon inadmissible and prejudicial evidence. A suicide note written by defendant relating to an event six years past […]

STATE of Maine v. Ralph L. POLAND. Supreme Judicial Court of Maine.Argued January 14, 1981. Decided March 13, 1981. Appeal from the Superior Court, Cumberland County. Page 897 Henry N. Berry, III, Dist. Atty., Peter G. Ballou, Deputy Dist. Atty., Portland, Darrell Nichols, Law Student (orally), for plaintiff. Grover G. Alexander (orally), Gray, for defendant. […]

144 A.2d 865 STATE OF MAINE v. JOSEPH JUTRAS Supreme Judicial Court of Maine. Cumberland. Opinion, September 22, 1958. Criminal Law. Witnesses. Credibility. Interest. Cross-Examination. Larceny. Ownership. While the matter of the scope of cross-examination is ordinarily a matter of discretion for the presiding justice, it is error to limit the cross-examination of a witness […]

66 A.2d 601 PAUL E. THOMAS vs. HANES GIBSON Supreme Judicial Court of Maine. Knox. Opinion, June 8, 1949. Assault and Battery. Damages. In an assault and battery action, excessive damages awarded by a jury which can be explained only as the result of sympathy or prejudice and an entire disregard of applicable law requires […]

Beth EDMONDS v. George BECKER et al. Supreme Judicial Court of Maine.Argued September 8, 1981. Decided September 24, 1981. Appeal from the Superior Court, York County. Page 1013 Brooks Dumas Law Offices, David L. Brooks, North Berwick, (orally), for plaintiff. Bourque Clegg, Ronald D. Bourque, (orally), Sanford, for defendants. Before McKUSICK, C.J., and GODFREY, NICHOLS, […]

STATE of Maine v. John BABBITT. Supreme Judicial Court of Maine.Argued January 24, 1995. Decided May 10, 1995. Appeal from the Superior Court, Cumberland County, Lipez, J. Page 652 Stephanie Anderson, Dist. Atty., Julia Sheridan, Thomas Majerison (orally), Asst. Dist. Attys., Portland, for the State. Robert A. Levine (orally), Portland, for defendant. Before WATHEN, C.J., […]

JORDAN-MILTON MACHINERY, INC. v. CITY OF BREWER, et al. Supreme Judicial Court of Maine.Submitted on Briefs May 14, 1992. Decided June 25, 1992. Appeal from the Superior Court, Penobscot County, MacInnes, A.R.J. James G. Good, Barbara K. Wheaton, Pierce, Atwood, Scribner, Allen, Smith Lancaster, Portland, for plaintiff. Joel Dearborn, Ferris, Dearborn Willey, Brewer, for defendant. […]

STATE of Maine v. Scott THOMPSON. Supreme Judicial Court of Maine.Argued January 23, 1992. Decided February 26, 1992. Appeal from the District Court, Perry, J. Superior Court, Kennebec County, Alexander, J. Page 480 Michael E. Carpenter, Atty. Gen., Wayne S. Moss, Asst. Atty. Gen., Rae Ann French, Asst. Atty. Gen., Augusta, for state. John D. […]

28 A.2d 311 RUTH CAMPBELL vs. PATRICK LANGDO. MALORY I. CAMPBELL vs. PATRICK LANGDO. Supreme Judicial Court of Maine. Kennebec. Opinion, September 21, 1942. Automobiles. Negligence. Contributory Negligence. When the record discloses sufficient credible evidence to justify the finding of the jury, their verdict will not be overturned. ON MOTIONS FOR NEW TRIALS. Page 189 […]

STATE of Maine v. Glenn REED. Supreme Judicial Court of Maine.Argued March 16, 1983. Decided April 26, 1983. Appeal from the Superior Court, Waldo County. Page 179 John R. Atwood, Dist. Atty. (orally), Belfast, for plaintiff. Silsby Silsby, Sandra Hylander Collier (orally), Ellsworth, for defendant. Before McKUSICK, C.J., and GODFREY, ROBERTS, CARTER, VIOLETTE and WATHEN, […]

49 A.2d 65 EDWARD F. TIBBETTS vs. CENTRAL MAINE POWER CO. Supreme Judicial Court of Maine. Lincoln. Opinion, September 28, 1946. New Trial. Exceptions. Negligence. General motion by defendant for new trial and exceptions to denial for directed verdict raise the same questions. The evidence must be viewed in the light most favorable to the […]

STATE of Maine v. Kenneth CHUBBUCK. Supreme Judicial Court of Maine.Argued June 16, 1982. Decided August 13, 1982. Appeal from the Superior Court, Waldo County. Wayne S. Moss (orally), Asst. Atty. Gen., Augusta, for the State. Day Hoch, Theodore K. Hoch (orally), Bath, for defendant. Before McKUSICK, C.J., NICHOLS, CARTER, VIOLETTE and WATHEN, JJ., and […]

Jane MARSTON v. NEWAVOM, et al. Supreme Judicial Court of Maine.Argued June 16, 1993. Decided July 30, 1993. Appeal from the Superior Court, Cumberland County, Wernick, A.R.J. Page 588 Elliott L. Epstein (orally), Isaacson Raymond, Lewiston, for plaintiff. Kim R. Vandermeulen (orally), Augusta, for defendants. Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS, RUDMAN and […]

Priscilla KEENE v. FAIRCHILD COMPANY, et al. Supreme Judicial Court of Maine.Argued May 20, 1991. Decided July 11, 1991. Appeal from the Workers’ Compensation Commission. Page 656 Theodore H. Kirchener (orally), Norman, Hanson DeTroy, Portland, for employee. James A. McCormack, Jr. (orally), Verrill Dana, Portland, for employer. Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD […]

834 A.2d 955 NORMAN BANGS et al. v. TOWN OF WELLS Docket: Yor-02-251Supreme Judicial Court of Maine.Argued: January 15, 2003 Decided: October 31, 2003 Appealed from the Superior Court, York County, Crowley, J. Page 956 Catherine R. Connors, Esq., Matthew D. Manahan, Esq., Helen L. Edmonds, Esq., Pierce Atwood, Portland, Attorneys for plaintiffs. Susan B. […]

GOOD WILL HOME ASSOCIATION v. James S. ERWIN, as Attorney General of the State of Maine. Supreme Judicial Court of Maine. June 17, 1970. Appeal from the Superior Court, Somerset County. Pierce, Atwood, Scribner, Allen McKusick, by Vincent L. McKusick, and Peter L. Murray, Portland, for plaintiff. Warren E. Winslow, Jr., Garth K. Chandler, Asst. […]

Gordon FRASER v. Brian BARTON, et al. Supreme Judicial Court of Maine.Submitted on Briefs June 16, 1993. Decided July 14, 1993. Appeal from the Superior Court, Cumberland County, Perkins, J.,. Page 147 Paul E. Thelin, Ainsworth Thelin, P.A., South Portland, for plaintiff. Ricky L. Brunette, Brunette, Shumway Ryer, Portland, for defendants. Before WATHEN, C.J., and […]

765 A.2d 583 JOHN BAKER v. DAVID L. MANTER and ROBERTA J. MANTER[1] Supreme Judicial Court of Maine. Docket Ken-00-280.On Briefs November 21, 2000. Decided January 31, 2001. [1] The Manters were previously before the Law Court on a related issue in Town of Fayette v. Manter, 528 A.2d 887 (Me. 1987), cert. denied, 485 […]

STATE of Maine v. Wilmer ELLIOTT, Jr. Supreme Judicial Court of Maine.Argued March 8, 1983. Decided June 7, 1983. Appeal from the Superior Court, Oxford County. Janet T. Mills, Dist. Atty., Daniel W. Boutin, Asst. Dist. Atty. (orally), South Paris, for plaintiff. Craig E. Turner (orally), South Paris, for defendant. Before McKUSICK, C.J., and GODFREY, […]

Philip W. BUXTON and Richard A. Buxton v. Eleanor McGUIRE. Supreme Judicial Court of Maine. November 17, 1975. Appeal from the Superior Court, Hancock County. Page 601 Hale Hamlin by Barry K. Mills, Blue Hill, for plaintiffs. Fellows, Kee Nesbitt by Samuel Nesbitt, Jr., Bucksport, for defendant. Before DUFRESNE, C.J., and WEATHERBEE, POMEROY, WERNICK, ARCHIBALD […]

Jeannette J. ST. GERMAIN v. HUSQVARNA CORPORATION. Supreme Judicial Court of Maine.Argued March 17, 1988. Decided July 29, 1988. Appeal from the Superior Court, Aroostook County. Page 1284 Jonathan W. Sprague, Stevens, Engels, Bishop Sprague, Presque Isle, Rudolph T. Pelletier (orally), Madawaska, for plaintiff. E. Allen Hunter (orally), Solman, Page Hunter, P.A., Caribou, for defendant. […]

TOWN OF MADISON, et al. v. TOWN OF NORRIDGEWOCK. Supreme Judicial Court of Maine.Argued May 6, 1988. Decided July 25, 1988. Appeal from the Superior Court, Somerset County. Page 318 Peter H. Barnett (orally), Eames, Sterns Washburn, Skowhegan, for plaintiffs. Neal C. Corson (orally), Corson Shusta, P.A., Madison, for defendant. Before McKUSICK, C.J., and ROBERTS, […]

837 A.2d 135 MAINE HEALTH ALLIANCE v. MEDICAL MUTUAL INSURANCE COMPANY OF MAINE. Docket: Pen-03-364.Supreme Judicial Court of Maine.Argued: November 7, 2003. Decided: December 10, 2003. Appealed from the Superior Court, Penobscot County, Mead, J. Page 136 Michael R. Gottfried, Esq. (orally), Katherine Young Fergus, Esq., Gregory A. Brodek, Esq., Duane Morris LLP, Bangor, ME, […]

174 A.2d 660 ANNIE E. DUGAN vs. CITY OF PORTLAND Supreme Judicial Court of Maine. Cumberland. Opinion, November 3, 1961. Municipal Corporations. Negligence. Nuisance. Sovereign Immunity. One may not escape the rigorous and limiting requirements of R.S., 1954, Chap. 96, Sec. 89 (relating to suits against towns) by denominating a defect as a nuisance and […]