DOUCETTE v. GROSS COMPANY, 123 Me. 551 (1923)

121 A. 434

LYDIA DOUCETTE vs. E. W. GROSS COMPANY.

Supreme Judicial Court of Maine. Androscoggin County.
Decided July 3, 1923.

This is an action brought to recover damages which the plaintiff says she received through the negligent conduct of defendant’s servants. As usual there is a controversy over the issue as to whether defendant’s servants were negligent, and since that issue has been decided by the jury in favor of the plaintiff we would not set the verdict aside on that issue. On the other hand there is no controversy over the conduct of the plaintiff. She told her own story and called witnesses in her behalf; but viewing her testimony in its best light it is plain that

Page 552

her negligence contributed to the accident and that upon this branch of the case the verdict of the jury is manifestly wrong, hence the mandate must be, Verdict set aside. Motion for new trial granted.

Frank A. Morey, for plaintiff.

Tascus Atwood, for defendant.

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