Category: Maine Supreme Judicial Court Opinions

Sally MOORE v. Lionel P. LANGELIER d/b/a Steerhouse. Supreme Judicial Court of Maine. December 7, 1977. Appeal from the Superior Court, Androscoggin County. Page 200 Platz Thompson, P.A. by John M. Whalen (orally), Lewiston, for plaintiff. Pierce, Atwood, Scribner, Allen, Smith Lancaster by Warren Winslow, Jr. (orally), Augusta, for defendant. Before POMEROY, WERNICK, ARCHIBALD, GODFREY […]

REDLON’S INC. v. GILMAN, INC. Supreme Judicial Court of Maine.Argued November 7, 1984. Decided December 31, 1984. Appeal from the Superior Court for Sagadahoc County. Page 662 Hart, Stinson, Lupton Weiss, P.A., David R. Weiss (orally), Bath, for plaintiff. Ferris, Dearborn Willey, Joel Dearborn (orally), Brewer, for defendant. Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, […]

H H OIL COMPANY, INC. v. James M. DINEEN. Supreme Judicial Court of Maine.Submitted on Briefs March 13, 1989. Decided April 6, 1989. Appeal from the Small Claims Court, Kittery, Gaulin, J. H H Oil Co., Greenland, N.H., did not appear. James M. Dineen, Kittery, pro se. Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, […]

STATE of Maine v. Leslie THAYER. Supreme Judicial Court of Maine. September 21, 1971. Appeal from the Superior Court, Cumberland County. Joseph E. Brennan, County Atty., Portland, for plaintiff. David C. Pomeroy, Portland, for defendant. Before DUFRESNE, C.J., and WEBBER, WEATHERBEE, WERNICK and ARCHIBALD, JJ. ARCHIBALD, Justice. The Defendant was indicted and convicted of high […]

854 A.2d 223 MICHAEL MAIETTA v. TOWN OF SCARBOROUGH. Docket: WCB-03-614.Supreme Judicial Court of Maine.Argued: May 13, 2004. Decided: July 27, 2004. Appeal from a decision of a hearing officer of the Workers’ Compensation Board, McCurry, HO. Page 224 Daniel F. Gilligan, Esq. (orally) Troubh, Heisler Piampiano, P.A. Portland, ME, Attorney for employee. Glenn S. […]

ASSOCIATION OF INDEPENDENT PROFESSIONALS and Dennis McConnell v. The MAINE LABOR RELATIONS BOARD and Associated Faculties of the University of Maine. Supreme Judicial Court of Maine.Argued November 1, 1982. Decided August 30, 1983. Appeal from the Superior Court, Kennebec County. Page 402 Bryan M. Dench (orally), Skelton, Taintor Abbott, P.A., Lewiston, for Association of Independent […]

Marie MARCHIORI v. AMERICAN REPUBLIC INSURANCE CO., et al. Supreme Judicial Court of Maine.Submitted on Briefs June 7, 1995. Decided August 1, 1995. Appeal from the Supreme Court, Penobscot County, Pierson, J. Page 933 Marvin Glazier, James C. Munch, III, Vafiades, Brountas Kominsky, Bangor, for plaintiff. Thad B. Zmistowski, Eaton, Peabody, Bradford Veague, Peter Anderson, […]

Ernest SZELENYI, et al. v. George MILLER. Supreme Judicial Court of Maine.Argued September 6, 1989. Decided October 4, 1989. Appeal from the Superior Court, Cumberland County, Alexander, J. Page 769 Harrison L. Richardson and William K. McKinley (orally), Richardson Troubh, Portland, for plaintiffs. John F. Shepard, Jr. (orally), Shepard Shepard, Freeport, for defendant. Before McKUSICK, […]

901 A.2d 792 STATE of Maine v. Luke TUPLIN. Docket: Cum-05-86.Supreme Judicial Court of Maine.Submitted On Briefs: September 13, 2005. Decided: July 6, 2006. Appeal from the Superior Court, Cumberland County, Cole, J. Page 793 Stephanie Anderson, District Attorney, Julia A. Sheridan, Asst. Dist. Attorney, Portland, for State. Luke Tuplin, Lisbon, for Defendant. Panel: SAUFLEY, […]

SPORT-OBERMEYER, LTD., Silva Company, Look Sports, Inc., Hatchers Manufacturing, Inc., halstead Imports, Inc., Beconta, Inc., American Sports, Inc. v. David ARSENAULT, Leonide Arsenault and Muriel Arsenault, d/b/a Blackie’s Ski Shop. Supreme Judicial Court of Maine.Argued June 16, 1982. Decided July 7, 1982. Appeal from the Superior Court, Oxford County. Hanscom Carey, Thomas S. Carey (orally), […]

STATE of Maine v. Sidney PINKHAM. Supreme Judicial Court of Maine. March 3, 1980. Appeal from the Superior Court, Penobscot County. Page 1022 David M. Cox, Dist. Atty., Gary F. Thorne, Asst. Dist. Atty. (orally), Bangor, for plaintiff. James S. Horton, Hall DeSanctis, Julio DeSanctis (orally), Bangor, for defendant. Before McKUSICK, C.J., and WERNICK, GODFREY, […]

Leland KENNEY (Next Friend of Josie K. Coombs) and Josie K Coombs v. Willis P. SPAULDING Supreme Judicial Court of Maine. March 25, 1970 Appeal from the Superior Court, Waldo County Page 273 Errol K. Paine, Bangor, for Kenney David A. Nichols, Camden. for Coombs Lewis V. Vafiades, Bangor, for defendant Before WILLIAMSON, C.J., and […]

CONCORD GENERAL MUTUAL INSURANCE COMPANY v. The HOME INDEMNITY COMPANY et al. Supreme Judicial Court of Maine. January 26, 1977. Appeal from the Superior Court, Androscoggin County. Page 597 Berman, Berman Simmons, P.A., by Gary Goldberg, C. Martin Bernan, Lewiston, for plaintiff. Crowley Crowley by Robert E. Crowley, Daniel E. Crowley, Biddeford, for Rachel Gendron. […]

Orton P. JACKSON et al. v. TOWN OF KENNEBUNK et al. Supreme Judicial Court of Maine.Argued June 8, 1987. Decided July 8, 1987. Appeal from the Superior Court, York County. E. Stephen Murray, John C. Bannon (orally), Murray, Plumb Murray, Portland, for plaintiffs. Durward W. Parkinson (orally), Bernstein, Shur, Sawyer Nelson, Kennebunk, for Kasprzak, Inc. […]

Gary JACOBSEN v. MINTZ, LEVIN, COHN, FERRIS, GLOVSKY POPEO, P.C., et al. Supreme Judicial Court of Maine.Argued June 16, 1988. Decided July 21, 1988. Appeal from the United States District Court for the District of Maine, Gene Carter, J. George W. Beals, (orally), Portland, for plaintiff on this appeal. Jotham D. Pierce (orally), Daniel M. […]

Timothy MORRILL v. Alden GORDON Supreme Judicial Court of Maine.Submitted on Briefs April 28, 1987. Decided May 28, 1987. Appeal from the Superior Court, Franklin County. Page 28 Timothy Morrill, pro se. Alden Gordon, pro se. Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ. MEMORANDUM OF DECISION. Defendant, Alden Gordon, appeals from […]

Alice STEVENS v. Raymond E. ANDERSON and Gladys M. Anderson. Supreme Judicial Court of Maine. October 31, 1978. Appeal from the Superior Court, York County. Reagan, Ayer Adams by Stephen Y. Hodsdon (orally), Wayne T. Adams, Kennebunk, for plaintiff. Cole Daughan by Roland A. Cole (orally), Wells, for defendants. Before McKUSICK, C.J., and POMEROY, WERNICK, […]

Richard P. HASKELL v. C. Wesley PHINNEY, Jr., et al. Supreme Judicial Court of Maine.Argued May 3, 1983. Decided May 26, 1983. Appeal from the Superior Court, York County. Page 1355 Herbert H. Bennett Associates, P.A., Lawrence C. Winger (orally), Portland, for plaintiff. Gene Libby, Dist. Atty., Janmarie Toker (orally), Asst. Dist. Atty., Alfred, for […]

8 A.3d 1252 STATE of Maine v. Heather A. DUCASSE. Docket: Ken-10-159.Supreme Judicial Court of Maine.Argued: October 5, 2010. Decided: November 9, 2010. Appeal from the Superior Court, Kennebec County, Mills, J. Thomas S. Marjerison, Esq. (orally), Norman, Hanson DeTroy, LLC, Portland, ME, for Heather A. Ducasse. Evert N. Fowle, District Attorney, Paul Rucha, Asst. […]

926 A.2d 728 NORTH SEBAGO SHORES, LLC et al. v. Barry T. MAZZAGLIA, Trustee of the Mazzaglia Family Trust. No. Docket: Cum-06-245.Supreme Judicial Court of Maine.Argued: April 11, 2007. Decided: July 5, 2007. Appeal from the Superior Court, Cumberland County, Cole, J. Page 729 Chris Neagle (orally), Thomas E. Getchell, Troubh Heisler, Portland, for plaintiffs. […]

STATE of Maine v. David E. LORD. Supreme Judicial Court of Maine.Submitted on Briefs September 17, 1992. Decided November 12, 1992. Appeal from the Superior Court, Sagadahoc County, Perkins, J. Gregg Dorr, Asst. Dist. Atty., Bath, for the State. Nathaniel D. Hussey, Brunswick, for defendant. Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS and RUDMAN, […]

166 A.2d 702 GEORGIA E. McCULLOUGH vs. HENRY J. LALUMIERE, JR. Supreme Judicial Court of Maine. Cumberland. Opinion, November 25, 1960 Negligence. Pedestrians. Infirmities. Deafness. It is not negligence as a matter of law in the instant case for a pedestrian upon approaching the center of the street to fail to glance to her right […]

165 A.2d 47 WILLIAM F. HARRIMAN vs. EVERETT W. SPAULDING Supreme Judicial Court of Maine. Cumberland. Opinion, October 21, 1960. Negligence. Passing. Rules of Court. Findings. Rule 73. Rule 52(a). One operating a motor vehicle over a 3 lane highway is not guilty of negligence as a matter of law if he passes or attempts […]

34 A.2d 21 STATE OF MAINE vs. CARL E. ALQUIST Supreme Judicial Court of Maine. Cumberland. Opinion, October 2, 1943. Criminal Law. Abortion. When the respondent takes no exception but relies upon a motion, the appellate court will not order a new trial under any circumstances when the verdict is manifestly just. In the instant […]

Theodore POIRIER, Sr., v. CITY OF SACO et al. Supreme Judicial Court of Maine.Argued June 8, 1987. Decided July 31, 1987. Appeal from the Superior Court, York County. Richard E. Valentino (orally), Saco, for plaintiff. Erland B. Hardy (orally), James F. Molleur, Woodman Edmands, Biddeford, for defendants. Before McKUSICK, C.J., NICHOLS, GLASSMAN, SCOLNIK and CLIFFORD, […]

37 A.2d 801 STATE OF MAINE vs. BELVEDERE HOTEL CORPORATION AND THE CENTURY INDEMNITY COMPANY. Supreme Judicial Court of Maine. Kennebec. Opinion, June 1, 1944. Bonds for License to Sell Intoxicating Liquors. Revocation of License by State Liquor Commission. Evidence. In an action on the bond for a license to sell spiritous and vinous liquors, […]

95 A.2d 689 BERNARD R. CRATTY v. SAMUEL ACETO CO. Supreme Judicial Court of Maine. Kennebec. Opinion, March 17, 1953. Pleading. Special Demurrer. Amendments. Motion to Make Certain. Where defendant’s first special demurrer has been overruled and no exceptions taken, the ruling becomes final (R.S., 1944, Chap. 100, Sec. 38). While an amendment to a […]

Henry COTY v. TOWN OF MILLINOCKET and Employers Fire Insurance Company. Supreme Judicial Court of Maine. October 23, 1978. Appeal from the Superior Court, Penobscot County. Gross, Minsky, Mogul Singal, P.A. by George Z. Singal (orally), David C. King, Bangor, for plaintiff. Mitchell, Ballou Keith by Kevin M. Cuddy (orally), Bangor, for defendants. Before McKUSICK, […]

34 A.2d 15 INHABITANTS OF THE TOWN OF SANFORD. vs. INHABITANTS OF THE TOWN OF HARTLAND. Supreme Judicial Court of Maine. York. Opinion, September 23, 1943. Paupers. When supplies are furnished to a pauper, one notice by the town furnishing them authorizes recovery from the town chargeable for a period commencing three months before the […]

STATE of Maine v. Edward C. CAREY. Supreme Judicial Court of Maine. November 30, 1971. Appeal from the Superior Court, Kennebec County. Foahd J. Saliem, County Atty., Augusta, for plaintiff. Burton G. Shiro, Waterville, for defendant. Before DUFRESNE, C.J., and WEBBER, WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ. POMEROY, Justice. 17 M.R.S.A. § 859 provides: “Any […]

In re BANGOR HYDRO-ELECTRIC COMPANY. In re Application for Approval of Location of Transmission Lines in the Town of Ellsworth Over Land Owned by Richard W. Whitney, Ellsworth, Maine. In the Matter of PUBLIC UTILITIES COMMISSION. In re Application of Bangor Hydro-Electric Company for Approval of Location of Transmission Lines in the Town of Ellsworth […]

Ronald BOWERS, et al. v. Helen D. ANDREWS. Supreme Judicial Court of Maine.Argued March 9, 1989. Decided April 7, 1989. Appeal from the Superior Court, Androscoggin County, Alexander, J. Ricky L. Brunette (orally), G. Charles Shumway, Brunette, Shumway, Romanow Ryer, Portland, for plaintiffs. Richard J. O’Brien (orally), Linnell, Choate Webber, Auburn, for defendant. Page 607 […]

STATE of Maine v. Dennis HARDING, Jr. Supreme Judicial Court of Maine. October 20, 1978. Appeal from the Superior Court, Kennebec County. Page 539 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 540 Joseph M. Jabar, Dist. Atty., J. William Batten (orally), […]

STATE of Maine, v. Roger MITCHELL. Supreme Judicial Court of Maine.Argued May 8, 1986. Decided July 10, 1986. Appeal from the Appeal from District Court, Washington County. Michael E. Povich, Dist. Atty., Jane M. Eaton (orally), Asst. Dist. Atty., Calais, for plaintiff. Gray, Gray Palmer, William N. Palmer (orally), Bangor, for defendant. Before McKUSICK, C.J., […]

In re SCOTT R. Supreme Judicial Court of Maine.Submitted on Briefs September 14, 1988. Decided October 19, 1988. Appeal from the Superior Court, Penobscot County. Gary Grow, Bangor, for appellant. James E. Tierney, Atty. Gen., Geofffrey P. Goodwin, Asst. Atty., Department of Human Services, Augusta, for appellee. Bruce Jordan, Archer Perry, Brewer, Guardian Ad Litem. […]

John H. SCHIAVI v. Gordon GOODWIN, Sally Goodwin and Goodwin’s Dairy, Inc. Supreme Judicial Court of Maine.Argued March 7, 1988. Decided June 8, 1988. Appeal from the Superior Court, Oxford County. Ernest Babcock (orally), Elizabeth J. Lovejoy, Friedman Babcock, Portland, for plaintiff. Constance O’Neil, Arlyn Weeks (orally), Conley, Haley O’Neil, Bath, for defendants. Before NICHOLS,[*] […]

206 A.2d 410 STATE OF MAINE vs. BURLEIGH JAMES Supreme Judicial Court of Maine. Kennebec. Opinion, January 18, 1965. Criminal Law. Evidence. Jury Charge. Testimony of accomplice hoping to avoid prosecution or punishment is not incompetent, but its credibility is a matter for the jury, and such testimony need not be corroborated. Defendant who failed […]

721 A.2d 983 Frank DAY et al. v. ALLSTATE INSURANCE COMPANY. Supreme Judicial Court of Maine.Submitted on Briefs November 17, 1998. Decided December 24, 1998. Appeal from the Superior Court, Piscataquis County, Mead, J. Laurie Ann Miller, Downeast Law Associates, P.A., Orrington, for plaintiffs. David P. Very, Norman, Hanson DeTroy, Portland, for defendant. Before WATHEN, […]

10 A.3d 662 Eugene E. AUBRY et al. v. TOWN OF MOUNT DESERT et al. No. Docket: Han-10-177.Supreme Judicial Court of Maine.Submitted on Briefs: September 23, 2010. Decided: November 2, 2010. Appeal from the Superior Court, Hancock County, Cuddy, J. Page 663 Durward W. Parkinson, Esq., Leah B. Rachin, Esq., Bergen Parkinson, LLC, Kennebunk, ME, […]

GRAYBAR ELECTRIC CO., INC. v. Hollis R. SAWYER. Supreme Judicial Court of Maine.Argued September 14, 1984. Decided January 3, 1985. Appeal from the Superior Court, Cumberland County. Page 1385 Murray, Plumb Murray, Ellyn C. Ballou (orally), John Lightbody, Portland, for plaintiff. Saturley, Hoglund Savasuk, Michael J. Pearce (orally), Richard E. Poulos, Portland, for defendant. Before […]

STATE of Maine v. Joseph L. FRANCIS. Supreme Judicial Court of Maine.Submitted on Briefs January 8, 1988. Decided February 1, 1988. R. Christopher Almy, Dist. Atty., Ann Murray, Asst. Dist. Atty., Bangor, for plaintiff. Julio DeSanctis, Hall DeSanctis, Bangor, for defendant. Before McKUSICK, C.J., and NICHOLS, WATHEN, GLASSMAN and SCOLNIK, JJ. MEMORANDUM OF DECISION. Joseph […]

STATE of Maine v. Ricky WAUGH. Supreme Judicial Court of Maine.Argued September 16, 1982. Decided October 21, 1982. Appeal from the Superior Court, Penobscot County. Page 649 David M. Cox, Dist. Atty., Gary F. Thorne, Asst. Dist. Atty. (orally), Bangor, for plaintiff. Marshall T. Cary (orally), Bangor, for defendant. Before GODFREY, NICHOLS, ROBERTS, CARTER, VIOLETTE […]

STATE of Maine v. Armand MAROIS. Supreme Judicial Court of Maine.Argued May 5, 1986. Decided May 15, 1986. Appeal from the Superior Court, Cumberland County. Paul Aranson, Dist. Atty., Laurence Gardner, Bethanne Poliquin, (orally), Asst. Dist. Attys., Portland, for plaintiff. Lewis A. Hoffman, (orally), Hoffman Koch, Dunedin, Fla., P. Jane Andrews, Lewiston, for defendant. Before […]

10 A.3d 703 James W. GORMAN Jr. v. Louise J. GORMAN. No. Docket: Sag-09-538.Supreme Judicial Court of Maine.Argued: April 13, 2010. Decided: November 30, 2010. Revised: December 28, 2010. Appeal from the District Court, West Bath, Westcott, J. Page 704 Diane Dusini, Esq., Michael P. Asen, Esq. (orally), Angela C. Arey, Esq., MettelAsen, LLC, Portland, […]

90 A.2d 707 ALBERT DENACO v. EDWIN BLANCHE CARLOS PITCHER v. EDWIN BLANCHE WILLIAM MAYO v. EDWIN BLANCHE Supreme Judicial Court of Maine. Kennebec. Opinion July 14, 1952. Workmen’s Compensation. Third Persons. Indemnity. Public Policy. Intention governs the construction of an indemnity contract and this must be found from a reading of the whole instrument. […]

Jim MARTIN v. STATE of Maine et al. Supreme Judicial Court of Maine. February 12, 1969. Appeal from the Superior Court, York County. John J. Harvey, Biddeford, for plaintiff. Warren E. Winslow, Jr., Asst. Atty. Gen., Augusta, for defendants. Before WILLIAMSON, C.J., and TAPLEY, MARDEN, DUFRESNE, and WEATHERBEE, JJ. TAPLEY, Justice. On appeal. This is […]

16 A.2d 110 RUDOLPHE BEAUCHESNE vs. RAYMOND L. SARGENT. ALFRED BEAUCHESNE vs. RAYMOND L. SARGENT. GEORGE OUELLETTE vs. RAYMOND L. SARGENT. LEO N. CYR vs. RAYMOND L. SARGENT. OVILA CYR vs. RAYMOND L. SARGENT. Supreme Judicial Court of Maine. Penobscot County. Decided November 6, 1940. These five actions, tried together, result from a collision in […]