McCarthy v. Emmons

Supreme Court of Vermont

McCarthy v. Emmons

378 A.2d 107, 135 Vt. 450, 1977 Vt. LEXIS 651

CourtSupreme Court of Vermont

DecidedSeptember 21, 1977

Docket340-76

StatusPublished

Cited by4 cases

This text of 378 A.2d 107 (McCarthy v. Emmons) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCarthy v. Emmons, 378 A.2d 107, 135 Vt. 450, 1977 Vt. LEXIS 651 (Vt. 1977).

Pincite

Opinion

Per Curiam.

Plaintiffs in this case appeal from a judgment in their favor on the ground of inadequacy. No motion for new *451 trial under V.R.C.P. 59, or to amend findings or judgment under V.R.C.P. 52(b), was filed in the trial court.

As we held in Fournier v. Estate of Loiselle, 132 Vt. 601, 602, 326 A.2d 155 (1974), the issue of adequacy of damages is one which must be preserved for the trial court’s consideration. Absent such presentation and ruling thereon, no ruling adverse to the plaintiff appears.

Judgment affirmed.

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Per Curiam.

Plaintiffs in this case appeal from a judgment in their favor on the ground of inadequacy. No motion for new *451 trial under V.R.C.P. 59, or to amend findings or judgment under V.R.C.P. 52(b), was filed in the trial court.

As we held in Fournier v. Estate of Loiselle, 132 Vt. 601, 602, 326 A.2d 155 (1974), the issue of adequacy of damages is one which must be preserved for the trial court’s consideration. Absent such presentation and ruling thereon, no ruling adverse to the plaintiff appears.

Judgment affirmed.

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Bluebook (online)

378 A.2d 107, 135 Vt. 450, 1977 Vt. LEXIS 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarthy-v-emmons-vt-1977.

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