134 Me. 504 | Me. | 1936
On motion and exceptions by defendant.
MOTION
In his action of tort the plaintiff by jury trial recovered a verdict against the defendant Shoe Company, in a sum not claimed to be excessive, for personal injuries received by him in a near-collision with the defendant’s loaded one and a half ton Dodge truck on the three lane cement road, State Highway No. 1, a short distance westerly of Kennebunk Village. Hall Street enters Route 1 from the
A careful reading of the record convinces us that the jury was entirely justified in reaching its conclusion and we see no reason for disturbing its verdict. Purely questions of fact were involved and the case was preeminently one for such a tribunal. The law pertaining to such a situation has lately been clearly enunciated in Verrill v. Harrington, 131 Me., 390, and need not now be restated.
EXCEPTIONS
Two in number, the first exception is to the refusal of the presiding Justice to direct a verdict for the defendant; already in effect covered by consideration of the motion for a new trial.
The second exception relates to the admission of certain rebuttal testimony by the plaintiff. In dispute was the fact whether the truck remained on the cement road or actually entered Miller’s driveway after the collision with the telephone pole. Two witnesses for the defense testified that it so remained.
In rebuttal the plaintiff over objection was permitted by the presiding Justice to introduce evidence of witnesses, cumulative to that he had introduced as a part of his original case, that immediately after the accident they had seen the truck in the driveway. Cumula