Barrett v. Lewiston, Brunswick & Bath Street Railway Co.

Supreme Judicial Court of Maine

Barrett v. Lewiston, Brunswick & Bath Street Railway Co.

80 A. 1130, 107 Me. 536, 1911 Me. LEXIS 33

DecidedJune 6, 1911

StatusPublished

This text of 80 A. 1130 (Barrett v. Lewiston, Brunswick & Bath Street Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barrett v. Lewiston, Brunswick & Bath Street Railway Co., 80 A. 1130, 107 Me. 536, 1911 Me. LEXIS 33 (Me. 1911).

Pincite

Opinion

The rescript says : "This case was before this court in 104 Maine, 479. The sole question before the court now, as then is the mental capacity of the plaintiff to comprehend the settlement pleaded by the defendant as a bar to his right to recover, as no allegation of fraud appears in the plaintiff’s declaration. The new evidence produced at the second trial did not so change the aspect of the case as to warrant the jury in finding that the plaintiff did not possess the mental capacity to understand the nature of the settlement. Motion sustained. Verdict set aside.”

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The rescript says : "This case was before this court in 104 Maine, 479. The sole question before the court now, as then is the mental capacity of the plaintiff to comprehend the settlement pleaded by the defendant as a bar to his right to recover, as no allegation of fraud appears in the plaintiff’s declaration. The new evidence produced at the second trial did not so change the aspect of the case as to warrant the jury in finding that the plaintiff did not possess the mental capacity to understand the nature of the settlement. Motion sustained. Verdict set aside.”

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Bluebook (online)

80 A. 1130, 107 Me. 536, 1911 Me. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barrett-v-lewiston-brunswick-bath-street-railway-co-me-1911.