Category: Maine Supreme Judicial Court Opinions

STATE of Maine v. James BENNETT. Supreme Judicial Court of Maine.Argued January 6, 1986. Decided January 9, 1986. Appeal from the Superior Court, Knox County. Page 1048 John R. Atwood, (orally), Dist. Atty., Rockland, for plaintiff. Frederick M. Newcomb, III, Jane Surran Pyne, (orally), Rockland, for defendant. Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN […]

Terrance H. GEAGHAN v. CITY OF BATH. Supreme Judicial Court of Maine.Argued September 21, 1989. Decided October 2, 1989. Appeal from the Superior Court, Sagadahoc County, Bradford, J. Terrance H. Geaghan (orally), Bath, pro se. Roger R. Therriault (orally), Bath, for defendant. Before McKUSICK, C.J., and WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ. HORNBY, Justice. […]

The MEARL CORPORATION v. STATE TAX ASSESSOR. Supreme Judicial Court of Maine.Argued September 6, 1984. Decided October 23, 1984. Appeal from the Superior Court, Washington County. Page 1259 Eaton, Peabody, Bradford Veague, Bernard J. Kubetz (orally), Bangor, for plaintiff. Clifford B. Olson, Asst. Atty. Gen., Bureau of Taxation (orally), Augusta, for defendant. Before McKUSICK, C.J., […]

STATE of Maine v. Bonnie E. MURRAY. Supreme Judicial Court of Maine.Argued January 23, 1992. Decided February 25, 1992. Appeal from the Superior Court, Hancock County, Kravchuk, J. Michael Povich, Dist. Atty., Steven A. Juskewitch (orally), Asst. Dist. Atty., Ellsworth, for plaintiff. Laurie Anne Miller (orally), Ferris, Dearborn Willey, Brewer, for defendant. Before McKUSICK, C.J., […]

873 A.2d 361 Joan P. WELLS v. Arthur G. POWERS et al. Supreme Judicial Court of Maine.Submitted on Briefs: November 3, 2004. Decided: May 25, 2005. Appeal from the Superior Court, Cumberland County, Warren, Page 362 J. Andrew W. Sparks, Esq., Drummond Drummond, LLP, Portland, for plaintiff. Andrews B. Campbell, Esq., Campbell Law Offices, P.C., […]

STATE of Maine v. Samuel WEINSTEIN et al. Supreme Judicial Court of Maine.Argued November 5, 1982. Decided November 30, 1982. Appeal from the Superior Court, York County,. James A. McKenna, III, Asst. Atty. Gen. (orally), Augusta, for plaintiff. Sanborn, Moreshead, Schade Dawson, Charles S. Belsky (orally), Augusta, for defendant. Before McKUSICK, C.J., and GODFREY, NICHOLS, […]

791 A.2d 932 RUTH RICE v. LYNDA ALLEY. Docket Han-01-234.Supreme Judicial Court of Maine.Submitted on briefs January 17, 2002. Decided March 22, 2002. Page 933 Appealed from the District Court, Ellsworth, Mills, J. Page 934 Joel A. Dearborn Sr., Esq., Brewer, for plaintiff. Christopher J. Whalley, Esq., Ellsworth, for defendant. Panel: SAUFLEY, C.J., and CLIFFORD, […]

27 A.2d 816 FRANCIS O. MERCHANT, PETITIONER FOR WRIT OF HABEAS CORPUS, vs. MARGARET BUSSELL. Supreme Judicial Court of Maine. York. Opinion, July 28, 1942. Parent and Child. Custody of Minor Child. Authority of the State. Writ of Habeas Corpus. A writ of habeas corpus is ordinarily a proper remedy for a parent who claims […]

STATE of Maine v. Alton Libby HAMM, III. Supreme Judicial Court of Maine. December 2, 1975. Appeal from the Superior Court, Cumberland County. Page 269 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 270 Henry N. Berry, III, Dist. Atty., Peter Ballou, […]

STATE of Maine v. Raymond PHANEUF. Supreme Judicial Court of Maine.Submitted on Briefs June 19, 1991. Decided September 25, 1991. Appeal from the Superior Court of Aroostook County, Pierson, J. Page 56 Neale T. Adams, Dist. Atty., Carrie L. Linthicum, Asst. Dist. Atty., Caribou, for plaintiff. Harold L. Stewart, II, Presque Isle, for defendant. Before […]

97 A.2d 230 GEORGE GEYERHAHN v. EMMA VIRGINIA GEYERHAHN Supreme Judicial Court of Maine. Cumberland. Opinion, May 26, 1953. Divorce. Insanity. Insanity is not a ground for divorce in Maine. ON EXCEPTIONS. This is a libel for divorce. The case is before the Law Court on exceptions to a decree denying the divorce. Exceptions overruled. […]

Lawrence MATHIEU v. BATH IRON WORKS and American International Adjustment Co. Supreme Judicial Court of Maine.Argued October 30, 1995. Decided December 5, 1995. Appeal from the Workers’ Compensation Commission. Page 863 Paul Macri (orally), Berman Simmons, P.A., Lewiston, for Employees. Margaret E. Phair (orally), Robinson, Kriger, McCallum Greene, P.A., Portland, for Defendants. Before WATHEN, C.J., […]

900 A.2d 733 John W. VOORHEES v. SAGADAHOC COUNTY. Docket: Ken-05-235.Supreme Judicial Court of Maine.Argued: November 15, 2005. Decided: June 28, 2006. Appeal from the Superior Court, Kennebec County, Marden, J. Page 734 David G. Webbert, Esq. (orally), Johnson Webbert, LLP, Augusta, for plaintiff. Geoffrey H. Hole, Esq. (orally), Bernstein, Shur, Sawyer Nelson, P.A., Portland, […]

STATE of Maine v. Wayne S. ROBBINS. Supreme Judicial Court of Maine.Argued March 5, 1986. Decided March 25, 1986. Appeal from the Superior Court, Hancock County. Page 1151 Michael Povich, Dist. Atty., Jane M. Eaton (orally), Asst. Dist. Atty., Ellsworth, for the State. Libhart Ferm, William N. Ferm (orally), Ellsworth, for defendant. Before NICHOLS, ROBERTS, […]

817 A.2d 877 DARLING’S v. FORD MOTOR COMPANY. Docket Pen-02-268.Supreme Judicial Court of Maine.Argued September 11, 2002. Decided February 25, 2003. Page 878 Appealed from the Superior Court, Penobscot County, Hjelm, J. Judy A.S. Metcalf, (orally), Eaton Peabody, Burnswick, for plaintiff. Daniel L. Rosenthal, Esq., (orally), James T. Kilbreth, Esq., Verrill Dana, LLP, Portland, for […]

74 A.2d 881 STATE OF MAINE vs. RAYDON COREY Supreme Judicial Court of Maine. Aroostook. Opinion, July 17, 1950. Intoxicating Liquor. Continuance. Oral Argument. The denial to a respondent of an opportunity to have a doctor’s testimony and then the using of the failure against him are so prejudicial as to require a new trial. […]

755 A.2d 498 JOSEPH HUSVAR v. ENGINEERED PRODUCTS, INC. and MAINE EMPLOYERS MUTUAL INSURANCE COMPANY. Docket WCB-99-435.Supreme Judicial Court of Maine.Argued June 6, 2000. Decided July 10, 2000. Appealed from a decision of the Workers’ Compensation Board. Page 499 Anthony J. Peverada, Esq., (orally), Elizabeth A. Mooney, Esq., Workers’ Compensation Board, Worker Advocate Division, Portland, […]

STATE of Maine v. Dan K. SMITH. Supreme Judicial Court of Maine.Argued June 6, 1991. Decided December 27, 1991. Appeal from the Superior Court, Androscoggin County, Fritzsche, J. Page 1104 Janet Mills (orally), Dist. Atty., Auburn, for the State. Robert S. Raymond (orally), Great Island Brunswick, for defendant. Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, […]

746 A.2d 916 HINGHAM MUTUAL FIRE INSURANCE COMPANY v. RUTH McLELLAN. Docket Was-99-298.Supreme Judicial Court of Maine.Argued December 6, 1999. Decided February 25, 2000. Appealed from the Superior Court, Washington County, Kravchuk, C.J. John A. Woodcock Jr. (orally), Weatherbee, Woodcock, Burlock Woodcock, P.A., Bangor, for plaintiff. Terence M. Harrigan (orally), Vafiades, Brountas Kominsky, Bangor, for […]

707 A.2d 387 Albert and Linda PENNEY v. CAPITOL CITY TRANSFER, INC., et al.[1] v. FIRST AMERICAN TITLE INS. CO.[2] Supreme Judicial Court of Maine.Argued January 6, 1998. Decided March 4, 1998. [1] The other third-party plaintiffs are Russell G. Stull, sole shareholder and a director of Capitol City, and Melinda C. Turner, president of […]

745 A.2d 986 In Re Boyce L. BEARDSLEY. Docket Fed-99-480.Supreme Judicial Court of Maine.Submitted on Briefs December 17, 1999. Decided February 10, 2000. Appeal from United States Bankruptcy Court for the District of Maine, Bangor, Haines, C.J. Attorney for Standing Chapter 13 Trustee: Peter C. Ecssenden, Brunswick. Attorney for Whirlpool Financial National Bank: F. Bruce […]

181 A.2d 249 HANBRO, INC. v. ERNEST H. JOHNSON STATE TAX ASSESSOR Supreme Judicial Court of Maine. Cumberland. Opinion, May 23, 1962. Taxation. Sales. Use. Constitutional Law. Legislative Intent. Statutory Construction. The receipt of rentals, under a lease executed in another state, of property bought and physically located in that state, is not a “use” […]

STATE of Maine v. Dana BETTS. Supreme Judicial Court of Maine.Argued September 19, 1983. Decided April 19, 1985. Appeal from the Superior Court, Hancock County. Page 1170 Michael Povich, Dist. Atty., Sophie L. Spurr, Asst. Dist. Atty. (orally), Ellsworth, for the State. Silsby Silsby, Anthony W. Beardsley (orally), Ellsworth, for defendant. Before McKUSICK, C.J., and […]

STATE of Maine v. John F. KILROY. Supreme Judicial Court of Maine.Submitted on Briefs June 8, 1988. Decided June 30, 1988. Appeal from the Appeal from Superior Court, York County. Mary Tousignant, Dist. Atty., Anne Jordan, Asst. Dist. Atty., Alfred, for plaintiff. John F. Kilroy, Seabrook, N.H., pro se. Before McKUSICK, C.J., and WATHEN, GLASSMAN, […]

201 A.2d 177 UNITY TELEPHONE CO. AND AMERICAN SURETY CO. OF NEW YORK vs. DESIGN SERVICE CO., INC. Supreme Judicial Court of Maine. Waldo. Opinion, June 12, 1964. Subrogation. Equity. Liability. Subrogation is device adopted by equity to compel ultimate discharge of obligation by him who in good conscience ought to pay. Subrogation may arise […]

707 A.2d 384 PATRONS OXFORD MUTUAL INSURANCE COMPANY v. Jesus GARCIA. Supreme Judicial Court of Maine.Argued December 2, 1997. Decided February 26, 1998. Appeal from the Superior Court, Androscoggin County, Bradford, J. James D. Poliquin (orally), Portland, for plaintiff. Rebecca S.K. Webber (orally), Douglas A. Grauel, Linnell, Choate Webber, L.L.P., Auburn, for defendant. Before WATHEN, […]

935 A.2d 1123 DYER GOODALL AND FEDERLE, LLC v. Samuel G. PROCTOR, Jr. Docket: Ken-06-763.Supreme Judicial Court of Maine.Submitted on Briefs: September 27, 2007. Decided: November 27, 2007. Appeal from the Superior Court, Kennebec County, Marden, J. Page 1124 Clifford Goodall, Dyer, Goodall Federle, Augusta, for plaintiff. Samuel Proctor, Jr., Wilton, for defendant. Panel: SAUFLEY, […]

706 A.2d 578 Barbara BOSSIE v. SCHOOL ADMINISTRATIVE DISTRICT NO. 24 and Maine School Management Association. Supreme Judicial Court of Maine.Argued October 10, 1997. Decided December 17, 1997. Appeal from the Workers’ Compensation Board. William J. Smith (orally), Van Buren, for employee. Paul H. Sighinolfi, Jane E. Sklelton (orally), Rudman Winchell, LLC, Bangor, for employer. […]

Linda J. LORD v. BAYSIDE ENTERPRISES, INC. and Liberty Mutual Insurance Co. Supreme Judicial Court of Maine.Argued November 2, 1981. Decided December 22, 1981. Appeal from the Superior Court, Waldo County. Maurice A. Libner (orally), Brunswick, for plaintiff. Rudman Winchell, Michael Friedman (orally) and Bruce C. Mallonee, Bangor, for defendants. Before McKUSICK, C.J., and GODFREY, […]

STATE of Maine v. Kevin L. GRANT. Supreme Judicial Court of Maine.Argued January 21, 1988. Decided February 5, 1988. Appeal from the Appeal from Superior Court, Penobscot County. R. Christopher Almy, Dist. Atty., Philip Worden (orally), Asst. Dist. Atty., Bangor, for plaintiff. G. Bradley Snow (orally), Tanous Heitmann, East Millinocket, for defendant. Before McKUSICK, C.J., […]

Myrtle M. WOOD v. Mervyn A. WOOD. Supreme Judicial Court of Maine.Argued June 4, 1986. Decided June 24, 1986. Appeal from the Superior Court Hancock County. Orman G. Twitchell (orally), Bangor, for plaintiff. Gregory J. Domareki (orally), Castine, for defendant. Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, GLASSMAN and SCOLNIK, JJ. MEMORANDUM OF DECISION Defendant, […]

863 A.2d 266 STATE of Maine v. Terence J. HUGHES. Supreme Judicial Court of Maine.Submitted on Briefs: October 5, 2004. Decided: November 15, 2004. Appeal from the Bangor District Court, Gunther, J. Page 267 R. Christopher Almy, District Attorney, C. Daniel Wood, Asst. Dist. Attorney, Bangor, for State. Terence J. Hughes, Orono, for defendant. Panel: […]

STATE of Maine v. Robert ATTANASIO. Supreme Judicial Court of Maine.Submitted on Briefs June 14, 1990. Decided July 13, 1990. Appeal from the Superior Court, Washington County, Alexander, J. Michael Povich, Dist. Atty., Carletta M. Bassano, Deputy Dist. Atty., Machias, for plaintiff. Patrick C. Larson, Hale Hamlin, Ellsworth, for defendant. Before McKUSICK, C.J., and ROBERTS, […]

728 A.2d 673 NEW ORLEANS TANKER CORPORATION v. DEPARTMENT OF TRANSPORTATION. Docket CUM-98-530.Supreme Judicial Court of Maine.Argued: February 3, 1999. Decided: April 28, 1999. Page 674 Attorney for plaintiff: John R. Bass, II. Attorney for defendant: James E. Smith. Before WATHEN, C.J., and RUDMAN, DANA, ALEXANDER, and CALKINS, JJ. Majority: WATHEN, C.J., and RUDMAN, and […]

53 A.2d 703 LILLIAN LEVESQUE vs. FRED G. NANNY, D.B.A. BEVERLY BEAUTY SALON. Supreme Judicial Court of Maine. Cumberland. June 16, 1947. Bailment. In action against bailee plaintiff must prove actual or constructive delivery of personalty to the bailee, and acceptance by bailee, for a particular purpose, upon an express or implied contract. A bailee […]

STATE of Maine v. Harry SMITH, Jr. Supreme Judicial Court of Maine. January 23, 1978. Appeal from the Superior Court, Washington County. Page 1118 Michael D. Seitzinger (orally), Asst. Atty. Gen., Sandra H. Collier, Law Student, Augusta, for plaintiff. Libhart, Ferris Dearborn by Wayne P. Libhart (orally), N. Laurence Willey, Jr., Joseph L. Ferris, Brewer, […]

Warren W. LIBBY v. Mary Merrill LORRAIN et al. Supreme Judicial Court of Maine.Argued May 4, 1981. Decided May 28, 1981. Appeal from the Superior Court, Cumberland County. Page 38 Bowie Matthews, Kim Matthews, Portland (orally), for plaintiff. Allison Morrill, Portland (orally), for Mary Merrill. Kenneth Cole, Portland, for defendant. Before McKUSICK, C.J., and WERNICK, […]

976 A.2d 929 DOWNEAST MORTGAGE CORPORATION v. Carol Ann CUTLER. No. Docket: Han-09-8.Supreme Judicial Court of Maine.Submitted On Briefs: July 29, 2009. Decided: August 6, 2009. Appeal from the Superior Court, Hancock County, Cuddy, J. Page 930 F. David Walker IV, Esq., Rudman Winchell, Bangor, ME, for Carol Ann Cutler. Timothy H. Norton, Esq., Lauri […]

819 A.2d 325 FACILITATORS IMPROVING SALMONID HABITAT et al. v. TOWNS OF WINTERPORT and FRANKFORT. Docket Pen-02-605.Supreme Judicial Court of Maine.Argued February 12, 2003. Decided March 10, 2003. Appealed from the Superior Court, Penobscot County, Mead, J. Jon A. Haddow, Esq., (orally), Farrell, Rosenblatt Russell, Bangor, ME, for plaintiffs. Charles E. Gilbert III, Esq., (orally), […]

CHRISTIAN SCHOOLS, INC. v. TOWN OF ROCKPORT. Supreme Judicial Court of Maine.Argued November 9, 1984. Decided March 25, 1985. Appeal from the Superior Court, Knox County. Page 514 Lowell D. Weeks (orally), North Windham, for plaintiff. Calderwood, Ingraham Gibbons, Paul L. Gibbons (orally), Camden, for defendant. Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, WATHEN and […]

ESTATE OF Marion LANGLEY. Supreme Judicial Court of Maine.Submitted on Briefs January 2, 1991. Decided February 28, 1991. Appeal from the Probate Court, York County, Brooks, J. Page 1271 James F. Molleur, Woodman Edmands, Biddeford, for appellant. Ernest J. Babcock, Elizabeth Lovejoy, Friedman Babcock, Portland, for appellee. Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD […]

29 A.2d 746 EDMUND M. SWEENEY, ADMINISTRATOR OF THE ESTATE OF FELIX LACOMBE, DECEASED vs. CATHERINE LEBEL, ALIAS CATHERINE LABEL. Supreme Judicial Court of Maine. Kennebec. Opinion, January 5, 1943. Evidence. Jury Verdict. The determination as to fact is for the jury. Page 281 ON EXCEPTIONS AND MOTION FOR A NEW TRIAL. Action of trover […]

27 A.2d 911 COREY STAIRS vs. FREDERICK QUINCY. Supreme Judicial Court of Maine. Penobscot. Opinion, August 4, 1942. Automobiles. Negligence. Jury Verdict. It not appearing in the instant case that the finding of the jury was manifestly wrong, the finding should not be interfered with. ON MOTION FOR NEW TRIAL. Action alleging negligence on the […]

843 A.2d 43 LARRY MOODY v. STATE LIQUOR LOTTERY COMMISSION. Docket: Cum-03-427.Supreme Judicial Court of Maine.Submitted on briefs: January 22, 2004. Decided: February 25, 2004. Appealed from Superior Court, Cumberland County, Crowley, J. Page 44 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] […]

Judith CULBERT and Francis Patrick Culbert, by his father and next friend, Patrick Culbert, v. SAMPSON’S SUPERMARKETS INC. Judith CULBERT and Francis Patrick Culbert, by his father and next friend, Patrick Culbert, v. BEECH-NUT CORP. Supreme Judicial Court of Maine.Argued January 5, 1982. Decided April 30, 1982. Appeal from the Superior Court, Kennebec County. Hal […]

STATE of Maine v. Walter J. BROCHU. Supreme Judicial Court of Maine. July 3, 1979. Appeal from the Superior Court, Knox County. John R. Atwood (orally), Dist. Atty., Patricia Goodridge Worth, Intern, Rockland, for plaintiff. Edward B. Miller, Rockland (orally), for defendant. Before McKUSICK, C.J., and POMEROY, WERNICK and GODFREY, JJ. PER CURIAM. Defendant was […]