McCarthy v. Emmons

Supreme Court of Vermont

McCarthy v. Emmons

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

Supreme Court of Vermont·Decided September 21, 1977·No. 340-76·Published·Cited by 4 cases

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.

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

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Opinion

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