Category: Maine Supreme Judicial Court Opinions

203 A.2d 687 RAMIE MICHAUD AND DELIA R. MICHAUD vs. CITY OF BANGOR Supreme Judicial Court of Maine. Penobscot. Opinion, October 12, 1964. Damages. Trespass. Statutes. Municipal Corporations. Punitive or exemplary damages are not recoverable against municipality unless expressly authorized by statute. Statute authorizing double damages for willfully or knowingly destroying property on lands of […]

STEEL SERVICE CENTER v. PRINCE MACARONI MFG. CO.[1] Supreme Judicial Court of Maine.Argued November 16, 1981. Decided December 22, 1981. [1] We have changed the title of the case because Prince Macaroni Mfg. Co. is the only defendant in this appeal. Appeal from the Superior Court, Androscoggin County. Rocheleau, Fournier Lebel, Paul C. Fournier (orally), […]

784 A.2d 27 STATE OF MAINE v. DEBRA BAVOUSET. Docket Ken-00-465.Supreme Judicial Court of Maine.Argued September 11, 2001. Decided October 17, 2001. Appealed from the Superior Court, Kennebec County, Gorman, J. Page 28 David W. Crook, Dist. Atty., Brad Grant, Asst. Dist. Atty., Laura Yustak Smith, Asst. Attorney General, (orally), Joseph Wannamacher, Asst. Atty. Gen., […]

In re CHRISTOPHER C. et al. Supreme Judicial Court of Maine.Argued September 18, 1985. Decided October 24, 1985. Appeal from the Superior Court, Aroostook County. Jordan and Goodridge, Donald H. Goodridge (orally), Houlton, for plaintiff. Swales Swales, Brian E. Swales (orally), Houlton, for defendant. Before McKUSICK, C.J., and NICHOLS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ. […]

Paul FITZPATRICK, Jr. v. GREATER PORTLAND PUBLIC DEVELOPMENT COMMISSION. Supreme Judicial Court of Maine.Argued June 12, 1985. Decided July 11, 1985. Appeal from the Superior Court, York County. Page 792 Smith Elliott, P.A., Dana E. Prescott (orally), Saco, for plaintiff. Richardson, Tyler Troubh, Elizabeth G. Stouder (orally), Thomas E. Getchell, Portland, for defendant. Before McKUSICK, […]

79 A.2d 173 EX PARTE HERMAN J. MULLEN PETITIONER FOR A WRIT OF ERROR Supreme Judicial Court of Maine. Kennebec. Opinion, March 7, 1951. Writ of Error. Probation. It is well established that a fugitive from justice is not entitled to institute, or prosecute, appeal or error proceedings, but that principle does not bar one […]

Matter of John W. BENOIT, Jr. Supreme Judicial Court of Maine.Argued January 22, 1985. Decided February 6, 1985. Page 1159 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1160 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF […]

43 A.2d 299 RINALDO A. L. COLBY vs. JESSE TARR DEPOSITORS TRUST CO., TRUSTEE. Supreme Judicial Court of Maine. Sagadahoc. Opinion, June 27, 1945. Trespass. Witnesses. Jury. The defendant, in the instant case, had the burden of proof to show that there was a contract with the plaintiff giving him the right to cut trees. […]

135 A.2d 279 EDWIN BASTON, PETITIONER FOR WRIT OF HABEAS CORPUS vs. ALLAN L. ROBBINS, WARDEN MAINE STATE PRISON Supreme Judicial Court of Maine. Knox. Opinion, October 15, 1957. Habeas Corpus. Sentence. Governor and Council. Commutation. Constitutional Law. Article V, Part First, Section 11 of the Constitution of Maine authorizes the Governor and Council to […]

STATE of Maine v. Conrad PULLEN. Supreme Judicial Court of Maine. June 10, 1970. Appeal from the Superior Court, Somerset County. Page 223 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 224 Nicholas S. Strater, Peter T. Dawson, Asst. Attys. Gen., Augusta, […]

723 A.2d 876 Laurie SMITH et al. v. Alex CANNELL et al. Supreme Judicial Court of Maine.Argued January 6, 1999. Decided January 28, 1999. Appeal from the Superior Court, Knox County, Alexander, J. Page 877 John M.R. Paterson (orally), Alan R. Atkins, Todd S. Holbrook, Bernstein, Shur, Sawyer Nelson, P.A., Portland, for plaintiffs. Ernest J. […]

759 A.2d 731 TOWN OF OGUNQUIT et al. v. THE CLIFF HOUSE MOTELS, INC., et al. Docket Yor-00-290.Supreme Judicial Court of Maine.Argued September 7, 2000. Decided October 5, 2000. Appealed from a judgment the Superior Court, York County, Fritzsche, J. Charles F. Dingman, Esq., (orally), Preti, Flaherty, Beliveau, Pachios Haley, Augusta, Harry B. Center, Esq., […]

POLAND TELEPHONE COMPANY v. The PINE TREE TEL. TEL. CO. Supreme Judicial Court of Maine. April 5, 1966. Appeal from the Public Utilities Commission, Kennebec County. Skelton, Taintor Abbott, by Frederick G. Taintor, Lewiston, for plaintiff. McLean, Southard Hunt, by Frank E. Southard, Jr., Augusta, for defendant. Before WILLIAMSON, C.J., and WEBBER, TAPLEY, MARDEN, RUDMAN […]

Ronald BOUTET et al. v. PLANNING BOARD OF the CITY OF SACO. Supreme Judicial Court of Maine. May 1, 1969. Appeal from the Superior Court, York County. Page 54 Charles W. Smith, Roger S. Elliott, Saco, for plaintiff. Ronald E. Ayotte, Sr., Biddeford, for defendant. Before WILLIAMSON, C.J., and WEBBER, DUFRESNE and WEATHERBEE, JJ. WILLIAMSON, […]

14 A.2d 706 SUSAN LUTICK vs. WALTER SILEIKA. Supreme Judicial Court of Maine. Oxford. Opinion, August 6, 1940. TRUSTS. WILLS. EQUITY. In order to impress trust on realty on ground of oral contract to devise realty in consideration of services, more than more non-performance of such contract must be shown, and it must appear that […]

129 A.2d 556 RALPH B. SANBORN vs. ELMORE MILLING COMPANY, INC. Supreme Judicial Court of Maine. Cumberland. Opinion, February 21, 1957. Exceptions. Directed Verdict. Evidence. Expert Testimony. Where the evidence is legally sufficient and the issue is whether the evidence has a tendency to establish the facts, the court has no right to direct a […]

Charles Summer MORRILL, IV, et al. v. Pauline Jessie MORRILL. Supreme Judicial Court of Maine.Argued November 2, 1992. Decided December 3, 1992. Appeal from the Superior Court, Cumberland County, Wernick, A.R.J. John A. McArdle, III (orally), Daniel Lilley, P.A., Thomas Hallett, Portland, for appellants. Thomas F. Monaghan, John J. Wall, III (orally), Monaghan, Leahy, Hochadel […]

987 A.2d 502 Michael ADAMS et al. v. TOWN OF BRUNSWICK et al. Docket: Cum-09-133.Supreme Judicial Court of Maine.Argued: October 28, 2009. Decided: February 2, 2010. Appeal from the Superior Court, Cumberland County, Warren, J. Page 503 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE […]

STATE of Maine v. Harold D. STADE. Supreme Judicial Court of Maine.Submitted on Briefs March 20, 1996. Decided August 16, 1996. Appeal from the District Court, Dover-Foxcroft County, Field, J. Page 165 R. Christopher Almy, District Attorney, Jeffrey M. Silverstein, Assistant District Attorney, Dover-Foxcroft, for the State. Kevin L. Stitham, C.W. H.M. Hayes, Dover-Foxcroft, for […]

776 A.2d 1221 ELDON PERKINS ET AL. v. TOWN OF SEARSPORT. Docket Wal-00-615.Supreme Judicial Court of Maine.Submitted on Briefs June 25, 2001. Decided July 20, 2001. Appealed from the Superior Court, Waldo County, Marsano, J. Edmond J. Bearor, Esq., Luke M. Rossignol, Esq., Rudman Winchell, LLC, Bangor, for plaintiffs. Eric B. Morse, Esq., Strout Payson, […]

Kenneth R. JONES, et al. v. Kenneth CARRIER, et al. Supreme Judicial Court of Maine.Argued November 15, 1983. Decided April 2, 1984. Appeal from the Superior Court, Piscataquis County. Hyde, Day Ferris, William Thomas Hyde (orally), Skowhegan, for plaintiff. Gross, Minsky, Mogul Singal, George C. Schelling (orally), Bangor, for defendant. Before McKUSICK, C.J., and NICHOLS, […]

864 A.2d 169 Ronald STANLEY v. HANCOCK COUNTY COMMISSIONERS. Supreme Judicial Court of Maine.Argued: March 10, 2004. Decided: December 23, 2004. Appeal from the Superior Court, Hancock County, Hjelm, J. Page 170 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 171 Arthur […]

Glenn LARRIVEE et al. v. Roger E. TIMMONS et al. Supreme Judicial Court of Maine.Argued September 6, 1988. Decided November 1, 1988. Appeal from the Cumberland County Superior Court, Brodrick, J. Michael D. Cooper (orally), Desmond, Cooper, Manderson Millett, Westbrook, for plaintiff. John A. Graustein (orally), Drummond, Woodsum, Plimpton MacMahon, Portland, for Arcadia Co. Charles […]

Myrtle M. ARONSON v. William S. PERKINS. Ralph S. ARONSON, v. William S. PERKINS. Supreme Judicial Court of Maine. October 17, 1967. Appeal from the Superior Court, York County. James H. Dineen, Kittery, Maine, Robert A. Shaines, Portsmouth, N.H., for appellants. Harold D. Carroll, Biddeford, for appellee. Before WILLIAMSON, C.J., and WEBBER, TAPLEY, MARDEN, DUFRESNE, […]

979 A.2d 693 STATE of Maine v. Michael LABBE. No. Docket: Som-08-645.Supreme Judicial Court of Maine.Argued: May 20, 2009. Decided: August 27, 2009. Appeal from the District Court, Skowhegan, Nivison, J. Page 694 Evert N. Fowle, Dist. Atty., Alan P. Kelley, Dep. Dist. Atty. (orally), Augusta, ME, for the State of Maine. Jason M. Jabar, […]

STATE of Maine v. Scott HEWS. Supreme Judicial Court of Maine.Argued January 11, 1985. Decided April 5, 1985. Appeal from the Superior Court, Kennebec County. David W. Crook, Dist. Atty., (orally), Pamela J. Ames, Asst. Dist. Atty., Augusta, for plaintiff. Scott P. Hews, pro se, did not appear. Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, […]

945 A.2d 1232 Pamela ST. JOHN v. Jeffrey JORDAN et al. No. Docket: Cum-07-435.Supreme Judicial Court of Maine.Submitted on Briefs: February 28, 2008. Decided: April 15, 2008. Appeal from the Superior Court, Cumberland County, Crowley, J. Page 1233 David Kreisler, Esq., Smith Elliott Smith Garmey, P.A., Portland, ME, for Pamela St. John. Peter C. Felmly, […]

5 A.2d 921 HOULTON TRUST COMPANY vs. HAZEL H. LUMBERT, EXECUTRIX. Supreme Judicial Court of Maine. Aroostook. Opinion, May 3, 1939. EXECUTORS AND ADMINISTRATORS. ESTOPPEL. WITNESSES. The statutory requirement as to presentment of claims against an estate may be waived. The statute, though of a public nature, has for its object the protection of the […]

STATE of Maine v. Michael KELLY. Supreme Judicial Court of Maine. July 21, 1977. Appeal from the Superior Court, Androscoggin County. Page 841 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 842 Thomas E. Delahanty, II, Dist. Atty., Herbert Bunker, Jr., Deputy […]

206 A.2d 413 STATE OF MAINE vs. RONALD BEY Supreme Judicial Court of Maine. Kennebec. Opinion, January 20, 1965. Criminal Law. Evidence. Assault and Battery. Appeals. Exceptions. Appeals in criminal cases are unknown to the common law and are wholly statutory. In failing to present trial court with a motion for a new trial due […]

William GROSS et al. v. SECRETARY OF STATE. Supreme Judicial Court of Maine.Argued June 5, 1989. Decided July 21, 1989. Appeal from the Superior Court, Kennebec County, Brody, C.J. Page 668 Harold L. Lichten (orally), Angoff, Goldman, Manning, Pyle, Wanger Hiatt, Boston, Mass., for plaintiffs. James E. Tierney, Atty. Gen., Paul Stern (orally), Asst. Atty. […]

STATE of Maine v. Roger LeGASSEY. Supreme Judicial Court of Maine.Argued November 17, 1982. Decided February 17, 1983. Appeal from the District Court, Penobscot County. Gary F. Thorne, Asst. Dist. Atty. (orally), Bangor, for plaintiff. Norman S. Heitmann, III (orally), East Millinocket, for defendant. Before McKUSICK, C.J., and GODFREY, NICHOLS, ROBERTS, CARTER and WATHEN, JJ. […]

711 A.2d 1285 Gerald R. SUTTIE v. SLOAN SALES, INC. Supreme Judicial Court of Maine.Submitted on Briefs May 11, 1998. Decided May 27, 1998. Appeal from the Superior Court, Somerset County, Marsano, J. Alan J. Levenson, Levenson, Vickerson Beneman, Portland, for plaintiff. Edward S. MacColl, Thompson, McNaboe, Ashley Bull, LLC, Portland, for defendant. Before WATHEN, […]

Irene G. EMERY v. Richard M. EMERY. Supreme Judicial Court of Maine.Argued May 7, 1984. Decided June 4, 1984. Appeal from the Superior Court, York County. Page 194 Crowley, Crowley Smith, Durward W. Parkinson (orally), Robert E. Crowley, Biddeford, for plaintiff. Reiner Bouffard, Gary H. Reiner (orally), Kittery, for defendant. Before McKUSICK, C.J., and NICHOLS, […]

STATE of Maine v. Mark D. VACHON and Richard M. Boisvert. Supreme Judicial Court of Maine.Argued September 10, 1984. Decided October 17, 1984. Appeal from the Superior Court, Androscoggin County. Page 865 Janet T. Mills (orally) Dist. Atty., Auburn, for plaintiff. Trafton Matzen, R. Barrie Michelsen (orally), Auburn, for Mark D. Vachon. Linnell, Choate Webber, […]

Lloyd D. RICHARDSON v. MAINE EMPLOYMENT SECURITY COMMISSION and Director, Postal Data Center, U.S. Post Office Department. Supreme Judicial Court of Maine. May 17, 1967. Appeal from the Superior Court, Kennebec County. Page 327 David A. Nichols, Camden, for plaintiff. Frank A. Farrington, Milton L. Bradford, Asst. Attys. Gen., for Maine Employment Security Commission. Before […]

David ALLEN v. Rodney S. QUINN and John Cole.[1] Supreme Judicial Court of Maine.Argued April 21, 1983. Decided April 29, 1983. [1] The Superior Court permitted Save Maine’s Only Official State Animal (“SMOOSA”), an unincorporated association, to intervene as a defendant in this case. We have, however, removed SMOOSA from the caption of this appeal, […]

692 A.2d 441 Albert SWANSON, et al. v. The ROMAN CATHOLIC BISHOP OF PORTLAND, et al. Docket No. CUM-96-305.Supreme Judicial Court of Maine.Argued November 5, 1996. Decided April 4, 1997. Appeal from the Superior Court, Cumberland County, Saufley, J. Douglas S. Carr, Peter S. Carlisle, Perkins, Thompson, Hinckley Keddy, Portland, for Albert Swanson. Judy R. […]

50 A.2d 188 NEW ENGLAND TRUST COMPANY, ET AL vs. PENOBSCOT CHEMICAL FIBRE COMPANY, ET AL. Supreme Judicial Court of Maine. Penobscot. Opinion, December 19, 1946. Corporations. The declaration of dividends rests in the sound discretion of the board of directors of a corporation, but such discretion may be limited by a contract between the […]

Vivian GOWELL v. Porter THOMPSON, Executor of the Estate of Audrey Deering. Supreme Judicial Court of Maine. July 11, 1975. Appeal from the Superior Court, Cumberland County. Lilley Snitger by Daniel G. Lilley, Portland, for plaintiff. Mahoney Robinson Mahoney Norman by Lawrence P. Mahoney, Portland, for defendant. Page 382 Before DUFRESNE, C.J., and WEATHERBEE, POMEROY, […]

15 A.2d 293 STATE OF MAINE vs. GEORGE F. BEETY. Supreme Judicial Court of Maine. York County. Decided September 26, 1940. On exception. At the close of the testimony at the trial of the respondent on a complaint charging him with the unlawful sale of intoxicating Page 328 liquor, he seasonably moved the presiding justice […]

David BOSSIE, et al. v. STATE of Maine. Supreme Judicial Court of Maine.Argued September 17, 1984. Decided February 27, 1985. Appeal from the Superior Court, Penobscot, Aroostook, Washington, York, and Cumberland Counties,. Page 478 Sherrilynn S. Smith (orally), Waterville, for plaintiff. Charles K. Leadbetter (orally), Anita M. St. Onge, Asst. Attys. Gen., Augusta, for defendant. […]

STATE of Maine v. Russell O. GORDON. Supreme Judicial Court of Maine.Argued September 11, 1981. Decided December 7, 1981. Appeal from the Superior Court, Hancock County. Page 856 Michael E. Povich, Dist. Atty., Bronson Platner, Asst. Dist. Atty. (orally), Ellsworth, Mark A. Beede, Law Student, for plaintiff. Libhart, Ferris, Dearborn, Willey Ferm, N. Laurence Willey, […]

960 A.2d 1205 ESTATE OF Eleanor DRESSER v. MAINE MEDICAL CENTER. Supreme Judicial Court of Maine.Argued: June 16, 2008. Decided: December 11, 2008. Appeal from the Superior Court, Cumberland County, Warren, J. Page 1206 William C. Nugent, Esq. (orally), Law Offices of William C. Nugent, Portland, ME, for the Estate of Eleanor Dresser. Mark G. […]

694 A.2d 929 STATE of Maine v. George JORDAN. Supreme Judicial Court of Maine.Argued February 7, 1997. Decided May 15, 1997. Appeal from the Superior Court, Cumberland County, Cole, C.J. Page 930 Stephanie Anderson, District Attorney, Julia Sheridan, Asst. Dist. Atty. (orally), Howard O’Brien, Asst. Dist. Atty., Portland, for State. Michael E. Saucier (orally), Thompson […]