McGLINCHEY v. MURPHY, 123 Me. 563 (1923)

122 A. 925

JOHN McGLINCHEY vs. WILLIAM H. MURPHY.

Supreme Judicial Court of Maine. Aroostook County.
Decided December 20, 1923.

Defendant’s motion that the verdict, which is adverse to him, be set aside and avoided, on the grounds that it offends the law, is against the evidence, and carries an excessive award of damages, is overruled.

The major premise of the case was one of credence between the immediate parties, and that closely disputed point of fact was settled in the jury’s province favorably to the conclusion for which the plaintiff contended. Another jury, on a similar record, might have found that the defendant never owed wages to the plaintiff, or that the latter already had been fully paid for caretaking at the lumberman’s supply camps on the shore of Telos Lake in the northern

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woods, and such a finding should seem to resist an attack made on the score of plain wrong. But that would not affect this situation.

The underlying issue being decided, in conformity to legal rules, the amount of damages was fixed appropriately enough. Motion overruled.

Nathaniel Tompkins, for plaintiff.

George E. Thompson, for defendant.