Category: Maine Supreme Judicial Court Opinions

ESTATE OF George E. ANDERSON. Supreme Judicial Court of Maine.Argued November 9, 1983. Decided December 9, 1983. Appeal from the Probate Court, Aroostook County. Page 613 Grant Linthicum, Carrie L. Linthicum (orally), Presque Isle, for plaintiff. Solman, Page Hunter, P.A., Robert Page (orally), Richard D. Solman, Caribou, for defendant. Before McKUSICK, C.J., and NICHOLS, ROBERTS, […]

Francis T. LEMIEUX v. STATE of Maine et al. Supreme Judicial Court of Maine. April 4, 1968. Appeal from the Superior Court, Oxford County. Page 207 James H. Kendall, Rumford, for appellant. John W. Benoit, Asst. Atty. Gen., Augusta, for appellee. Before WILLIAMSON, C.J., and TAPLEY, MARDEN, DUFRESNE, and WEATHERBEE, JJ. TAPLEY, Justice. On appeal. […]

Jesse P. WARE v. PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE. Supreme Judicial Court of Maine. March 14, 1980. Appeal from the Superior Court, York County. McEachern Thornhill by Dan W. Thornhill, Kittery, for plaintiff. Pierce, Atwood, Scribner, Allen, Smith Lancaster by Everett P. Ingalls, Portland (orally), for defendant. Before WERNICK, GODFREY, NICHOLS and GLASSMAN, JJ., […]

STATE of Maine v. Timothy A. BICKFORD. Supreme Judicial Court of Maine.Submitted on Briefs October 2, 1990. Decided November 2, 1990. Appeal from the Superior Court, Aroostook County, Pierson, J. Neale Adams, Dist. Atty., Caribou, for the State. Richard Rhoda, Houlton, for defendant. Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, COLLINS and BRODY, JJ. […]

140 A.2d 746 AGNES DESCHAINE vs. LEONARD P. DESCHAINE Supreme Judicial Court of Maine. Kennebec. Opinion, April 14, 1958. Negligence. Insurance. Remarks of Counsel. Waiver. Insurance in negligence cases is immaterial, prejudicial and not admissible; and the rule applies with equal force to arguments of counsel. This rule of exclusion is equally applicable to plaintiff […]

Keith A. WOOD v. SUPERINTENDENT OF INSURANCE. Supreme Judicial Court of Maine.Argued January 28, 1994. Decided March 14, 1994. Appeal from the Superior Court, Kennebec County. Page 68 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 69 Donald Marden (orally), Marden, Dubord, […]

Jeffrey ROBBINS, et al. v. CITY OF AUBURN. Supreme Judicial Court of Maine.Submitted on Briefs November 4, 1988. Decided November 8, 1988. Appeal from the Superior Court, Androscoggin County, Brodrick, J. Jeffrey Robbins, Freeport, pro se. Curtis Webber, Linnell, Choate Webber, Auburn, for defendant. Before McKUSICK, C.J., and ROBERTS, WATHEN, HORNBY and COLLINS, JJ. MEMORANDUM […]

24 A.2d 603 EVERETT E. WILLEY BY HENRY E. WILLEY, PRO AMI AND HENRY E. WILLEY, PETITIONERS vs. MAINE CENTRAL RAILROAD COMPANY. Supreme Judicial Court of Maine. Penobscot County. Decided May 1, 1941. This is a petition and motion to rectify alleged errors in the opinion in the cases of Everett E. Willey by Henry […]

STATE of Maine, v. Randall ROBERTS a/k/a Richard Felt. Supreme Judicial Court of Maine.Argued March 4, 1994. Decided April 25, 1994. Appeal from the Superior Court, Cumberland County, Brennan, J. Stephanie Anderson, Dist. Atty., Edmund Folsom (orally), Deputy Dist. Atty., Thomas Marjerison, Asst. Dist. Atty., Portland, for State. Seth Berner (orally), Portland, for defendant. Page […]

Scott D. LAVERTY et al. v. TOWN OF BRUNSWICK et al. Supreme Judicial Court of Maine.Argued May 2, 1991. Decided August 6, 1991. Appeal from the Superior Court, Cumberland County, Perkins, J. Orville T. Ranger (orally), Ranger, Fessenden, Copeland, P.A., Brunswick, for plaintiff. Ronald P. Lebel (orally), Paul C. Fournier, Rocheleau, Fournier Lebel, Lewiston, for […]

STATE of Maine v. Gerard TARDIF. Supreme Judicial Court of Maine.Submitted on Briefs March 7, 1989. Decided March 10, 1989. Appeal from the Superior Court, Androscoggin County; Brodrick, Judge. Janet Mills, Dist. Atty. and Craig Turnery, Asst. Dist. Atty., Auburn, for the State. Edward Cloutier, Cloutier, Joyce, Dumas David, Livermore Falls, for defendant. Page 478 […]

855 A.2d 1146 ESTATE OF Fermin A. GONZALEZ. Docket: Yor-03-716.Supreme Judicial Court of Maine.Submitted on Briefs: June 24, 2004. Decided: August 16, 2004. Appeal from the Probate Court, York County, Nadeau, J. Page 1147 Stephen C. Whiting, The Whiting Law Firm, P.A., Portland, for appellants. Jean L. Walsh, Ronald D. Bourque, Bourque Clegg, L.L.C., Sanford, […]

STATE of Maine v. John MYRICK. Supreme Judicial Court of Maine.Argued September 11, 1981. Decided October 26, 1981. Appeal from the Superior Court, Penobscot County. Page 380 David M. Cox, Dist. Atty., Gary F. Thorne, Asst. Dist. Atty. (orally), Bangor, for plaintiff. Anderson Norton, Peter Adams Anderson (orally), Bangor, for defendant. Before McKUSICK, C.J., and […]

EASTERN MAINE ELECTRIC COOPERATIVE, INC. and Citizens for Maine Power Authority v. MAINE YANKEE ATOMIC POWER COMPANY. Supreme Judicial Court of Maine. January 16, 1967. Appeal from the Supreme Judicial Court, Webber, J. George J. Mitchell, Portland, Malcolm S. Stevenson, Bangor, Richard B. Sanborn, Augusta, for plaintiff. Vincent L. McKusick and Gerald M. Amero, Portland, […]

887 A.2d 517 Lewis E. SANDMAIER Jr. et al. v. TAHOE DEVELOPMENT GROUP, INC. Docket: Cum-05-182.Supreme Judicial Court of Maine.Submitted on Briefs: October 24, 2005. Decided: December 23, 2005. Appeal from the Superior Court, Cumberland County, Crowley, J. James L. Audiffred, Saco, for plaintiff. Timothy S. Keiter, Portland, for defendant. Panel: CLIFFORD, DANA, ALEXANDER, CALKINS, […]

Hervey JACKSON v. INHABITANTS OF the TOWN OF SEARSPORT et al.[*] Supreme Judicial Court of Maine.Argued November 16, 1982. Decided February 18, 1983. [*] Again we point out that in naming a town as a party defendant, the corporate name is the “inhabitants of” that town. Inhabitants of the Town of Boothbay Harbor v. Russell, […]

788 A.2d 165 JERALD E. GREENVALL v. MAINE MUTUAL FIRE INSURANCE COMPANY. Docket Ken-01-414.Supreme Judicial Court of Maine.Argued November 7, 2001. Decided December 27, 2001. Appealed from the Superior Court, Kennebec County, Marden J. Jeffrey T. Edwards, Esq., Preti, Flaherty, Beliveau, Pachios Haley, LLC, Portland, for plaintiffs. William J. Kelleher, Esq., Augusta, for defendant. Panel: […]

Mayhew R. ISZARD, et al. v. AMERICAN AUTOMOBILE INSURANCE CO. Supreme Judicial Court of Maine.Argued March 19, 1992. Decided May 15, 1992. Appeal from the Superior Court, Hancock County, Smith, J.,. Charles E. Gilbert, III (orally), Gilbert Law Offices, Bangor, for plaintiffs. William I. Garfinkel, Carmody Torrance, Waterbury, Conn., Warren M. Silver, Bangor, amicus curiae. […]

STATE of Maine v. Brian P. GLYNN. Supreme Judicial Court of Maine.Argued March 9, 1981. Decided July 23, 1981. G. Arthur Brennan, Dist. Atty., Pamela Knowles Lawrenson (orally), Asst. Dist. Atty., Alfred, for plaintiff. Ayer Hodsdon, Stephen Y. Hodsdon (orally), Gordon C. Ayer, Kennebunk, for defendant. Before GODFREY, NICHOLS, GLASSMAN,[*] ROBERTS and CARTER, JJ. [*] […]

Janice FARLEY, et al. v. DEPARTMENT OF HUMAN SERVICES. Supreme Judicial Court of Maine.Argued February 3, 1993. Decided March 2, 1993. Appeal from the Superior Court, Kennebec County, Brennan, J. Thomas H. Kelley (orally), Pine Tree Legal Assistance, Inc., Portland, for plaintiffs. Michael E. Carpenter, Atty. Gen., Francis E. Ackerman (orally), Asst. Atty. Gen., Augusta, […]

801 A.2d 996 REBECCA LEWIS VINCENT v. ESTATE OF LEO T. SIMARD Docket And-02-11.Supreme Judicial Court of Maine.On Briefs May 30, 2002. Decided July 9, 2002. Appealed from the Androscoggin County Probate Court, Couturier, J. Page 997 Shawn K. Bell, Esq., Bonneau Geismar, LLC, David Van Dyke, Esq., Berman Simmons, P.A., Lewiston, for plaintiff. William […]

182 A.2d 473 ROBERT J. CAREY AND ALFRED J. CAREY, JR., D/B/A ALFRED J. CAREY SONS v. LEO BOULETTE AND ALDORA BOULETTE AND WATERVILLE SAVINGS LOAN ASSN. Supreme Judicial Court of Maine. Cumberland. Opinion, June 22, 1962. Mortgage Interest Consent. Conduct. Liens. Notice. A mortgagee, in or out of possession, is an owner of the […]

87 A.2d 509 MRS. RITA GAMACHE v. THOMAS COSCO Supreme Judicial Court of Maine. Androscoggin. Opinion, March 28, 1952. Negligence. Intersection. Last Clear Chance. R.S., 1944, Chap. 19, Sec. 107. The failure of a driver to comply with R.S., 1944, Chap. 19, Sec. 107 by not attempting to pass beyond the center of the intersection […]

TODD EQUIPMENT LEASING COMPANY v. Jonathan D. MILLIGAN and Elizabeth P. Milligan. Supreme Judicial Court of Maine. December 26, 1978. Appeal from the Superior Court, York County. Bruce A. Whitney, South Berwick (orally), Cole Daughan by Francis P. Daughan, Wells, for plaintiff. Reagan, Ayre Adams by Wayne T. Adams, Kennebunk (orally), for defendants. Before McKUSICK, […]

9 A.3d 806 ELIOT SHORES, LLC, et al. v. TOWN OF ELIOT et al. Supreme Judicial Court of Maine.Submitted on Briefs: October 21, 2010. Decided: December 2, 2010. Appeal from the Superior Court, York County, Fritzsche, J. William H. Dale, Esq., Mark A. Bower, Esq., Jensen Baird Gardner Henry, Portland, ME, for Eliot Shores, LLC, […]

CONSERVATORSHIP OF JUSTIN R. et al. Supreme Judicial Court of Maine.Submitted on Briefs June 21, 1995. Decided July 27, 1995. Appeal from the Probate Court, Hancock County, Patterson, J. Melissa Moll, Hale Hamlin, Ellsworth, for petitioners. Joseph T. Walsh, Jr., Bangor, for respondents. Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, DANA, and LIPEZ, JJ. […]

66 A.2d 417 SIMPSON’S CASE Supreme Judicial Court of Maine. Sagadahoc. Opinion, May 18, 1949. Workmen’s Compensation. Statutes. Services and Aids. The expenditures of an employer for services and aids furnished an employee in accordance with the provisions of Section 9 of the Workmen’s Compensation Act do not constitute a part of the compensation payable […]

120 A.2d 221 FRANK E. SOUTHARD, JR. v. CAMDEN NATIONAL BANK Supreme Judicial Court of Maine. Kennebec. Opinion, January 19, 1956. Trustee Process. Exceptions. A trustee process is “lifted” within the meaning of an agreement to pay “when the trusteeship is lifted” when the principal action is dismissed for lack of jurisdiction. The Law Court […]

STATE of Maine v. CHARLENE N***. Supreme Judicial Court of Maine.Argued November 16, 1981. Decided January 26, 1982. Appeal from the District Court, First District, Division of Eastern Aroostook. John D. McElwee, Dist. Atty. (orally), Geoffry P. Goodwin, Asst. Dist. Atty., Houlton, for plaintiff. Reginald E. Burleigh (orally), Caribou, for defendant. Before McKUSICK, C.J., and […]

41 A.2d 704 A. J. SANBORN AND F. S. SANBORN vs. WALTER D. MATTHEWS. Supreme Judicial Court of Maine. Androscoggin. Opinion, March 27, 1945. Chattel Mortgages. Trover and Conversion. Joint Action. The purchase of mortgaged chattel property from the mortgagor (if all the property covered by a particular mortgage is acquired) does not of itself […]

926 A.2d 193 Tim DOWLING et al. v. Richard SALEWSKI. No. Docket: Kno-06-379.Supreme Judicial Court of Maine.Argued: May 22, 2007. Decided: June 28, 2007. Appeal from the Superior Court, Knox County, Wheeler, J. Page 194 Verne E. Paradie Jr., Esq. (orally), Trafton Matzen, LLP, Auburn, for plaintiff. Philip P. Mancini, Esq. Nathaniel R. Huckel-Bauer, Esq. […]

59 A.2d 706 PRISCILLA P. STEWART vs. CHARLES A. STEWART Supreme Judicial Court of Maine. Waldo. Opinion, June 16, 1948. PER CURIAM. The libelee’s exceptions herein challenge the validity of a divorce decree on the dual grounds that the justice who heard the case erred in refusing to dismiss the libel because of wrong venue […]

STATE of Maine v. Gary KENNEDY. Supreme Judicial Court of Maine.Argued June 11, 1986. Decided September 3, 1986. Appeal from the Appeal from Superior Court, Cumberland County. James Tierney, Atty. Gen., James Bowie (orally), Asst. Atty. Gen., Augusta, for plaintiff. Ricky L. Brunette, (orally), Portland, for defendant. Before McKUSICK, C.J., and NICHOLS, ROBERTS, GLASSMAN and […]

Christine CATIR, et al. v. COMMISSIONER OF the DEPARTMENT OF HUMAN SERVICES, et al. Supreme Judicial Court of Maine.Argued May 10, 1988. Decided June 13, 1988. Appeal from the Superior Court, Cumberland County. Page 357 Timothy M. Vogel (orally), Portland, Neville Woodruff, Legal Services for the Elderly, Augusta, for plaintiffs. Christopher Beach, Sue A. Jerome […]

STATE of Maine v. Charles PHILLIPO. Supreme Judicial Court of Maine.Submitted on Briefs February 4, 1993. Decided April 20, 1993. Appeal from the Superior Court, Cumberland County. Page 1266 Stephanie Anderson, Dist. Atty., Jane Elizabeth Lee, Asst. Dist. Atty., Portland, for the State. Matthew B. Nichols, Boulos Gardner, Biddeford, for defendant. Before WATHEN, C.J., and […]

Roy POOLER v. Emily CLIFFORD. Supreme Judicial Court of Maine.Submitted on Briefs February 28, 1994. Decided April 4, 1994. Appeal from the Superior Court, Kennebec County, Kravchuk, J. Paul F. Macri, Berman Simmons, Lewiston, for plaintiff. J. Peter Thompson, Philip K. Hagesheimer, Platz Thompson, Lewiston, for defendant. Before WATHEN, C.J., and GLASSMAN, CLIFFORD, COLLINS, RUDMAN […]

46 A.2d 861 L. W. O’CONNOR, COLLECTOR vs. WASSOOKEAG PREPARATORY SCHOOL, INC. Supreme Judicial Court of Maine. Penobscot. Opinion, May 1, 1946. Trial. Taxation. Statutes. Factual findings made by triers of fact to whom cases are submitted by the parties either as referees or under the provisions of R. S. 1944, Chap. 94, Sec. 17, […]

714 A.2d 804 Priscilla J. CUTTS v. Joseph B. COFFEY, et al.[1] Supreme Judicial Court of Maine.Submitted on Briefs May 15, 1998. Decided July 14, 1998. [1] The other defendants and parties-in-interest did not appeal. Appeal from the Superior Court, Cumberland County, Bradford, J. Terry N. Snow, P.A., Cumberland Center, for plaintiff. Ralph W. Brown, […]

In re BRIANNA K. and Brandon K. Supreme Judicial Court of Maine.Submitted on Briefs February 21, 1996. Decided May 7, 1996. Appeal from the The Probate Court, Hancock County, Paterson, J. Anthony J. Giunta, Ellsworth, for Appellant. Ellen S. Best, Blue Hill, Rosemarie Giosia, G.A.L., Ellsworth, for Appellee. Page 981 Before WATHEN, C.J., and ROBERTS, […]

851 A.2d 521 STATE OF MAINE v. MICHAEL PATTERSON. Docket: Oxf-03-647.Supreme Judicial Court of Maine.Argued: April 13, 2004. Decided: June 17, 2004. Appealed from the District Court, Rumford County, McElwee, J. Norman R. Croteau, District Attorney, Joseph M. O’Connor, Asst. Dist. Atty. (orally), South Paris, ME, Attorneys for State. Thomas S. Carey, Esq. (orally), Curtis […]

900 A.2d 728 Nadya PEARSON v. FREEPORT SCHOOL DEPARTMENT et al. Docket: WCB-05-473.Supreme Judicial Court of Maine.Argued: April 12, 2006. Decided: June 27, 2006. Appeal from the Workers’ Compensation Board. Page 729 Mark A. Cloutier, Esq. (orally), Cloutier, Barrett, Cloutier Conley, P.A., Portland, for employee. Stephen W. Moriarty, Esq. (orally), Norman, Hanson DeTroy, LLC, Portland, […]

870 A.2d 146 Laurence E. BARRETT et al. v. McDONALD INVESTMENTS, INC., et al. Supreme Judicial Court of Maine.Argued: September 21, 2004. Decided: March 29, 2005. Appeal from the Superior Court, Kennebec County, Marden, J. Page 147 Paul F. Macri, Esq. (orally), Tyler N. Kolle, Esq., Berman Simmons, P.A., Lewiston, for plaintiffs. John J. Aromando, […]

712 A.2d 518 STATE of Maine v. Lee THURLOW. Supreme Judicial Court of Maine.Argued January 6, 1998. Decided June 5, 1998. Appeal from the Superior Court, Cumberland County, Crowley, J. Page 519 Stephanie Anderson, District Attorney, Julia Sheridan, Asst. Dist. Atty., (orally), Portland, for State. Robert A. Levine (orally), Portland, for defendant. Before WATHEN, C.J., […]

797 A.2d 1262 STATE OF MAINE v. MICHAEL CHASSE Docket Som-01-279.Supreme Judicial Court of Maine.Argued April 3, 2002. Decided June 4, 2002. Appealed from the Superior Court ,Somerset County, Atwood, J. R. Christopher Almy, District Attorney, C. Daniel Wood, Asst. Dist. Atty. (orally), Bangor, for State. Barry L. Pretzel, Esq. (orally), Rockland, for defendant. Panel: […]

MAINE MERCHANTS ASSOCIATION, INC., et al. v. Elmer W. CAMPBELL. Supreme Judicial Court of Maine. February 16, 1972. Page 431 Appeal from the Superior Court of Cumberland County. Pierce, Atwood, Scribner, Allen McKusick by Jeremiah D. Newbury, Gerald M. Amero, Daniel E. Boxer, Portland, for plaintiffs. Clayton N. Howard, Asst. Atty. Gen., Augusta, for defendant. […]

24 A.2d 241 ARTHUR W. VIGUE vs. WARD B. CHAPMAN AND INA T. CHAPMAN. Supreme Judicial Court of Maine. Somerset. Opinion, December 22, 1941. Constitutional Law. Taxation. Tax Liens. Long and thoroughly established practice dictates that no question of constitutionality shall be passed upon except when entirely necessary to a decision of the cause in […]

Benjamin F. BUTTON v. PEOPLES HERITAGE SAVINGS BANK. Supreme Judicial Court of Maine.Argued September 6, 1995. Decided October 24, 1995. Appeal from the Superior Court, Oxford County, Alexander, J. Page 121 Arthur J. Greif (orally), Lowry Associates Attorneys, Bangor, for Plaintiff. Andrew M. Horton, Matthew H. Herndon (orally), Verrill Dana, Portland, for Defendant. Before WATHEN, […]