Mercier v. Smith

Supreme Judicial Court of Maine

Mercier v. Smith

115 A. 255, 121 Me. 580, 1922 Me. LEXIS 1

DecidedMarch 6, 1922

StatusPublished

This text of 115 A. 255 (Mercier v. Smith) 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

Mercier v. Smith, 115 A. 255, 121 Me. 580, 1922 Me. LEXIS 1 (Me. 1922).

Pincite

Opinion

The plaintiff recovered a verdict of $3,000 for alleged assault by the defendants, husband and wife, by shooting him with a rifle, the bullet penetrating his side. The evidence was contradictory, much of the defendants’ self contradictory, and upon a careful examination the court is not of opinion that the jury manifestly erred in accepting the plaintiff’s version.

The damages are large but not so extravagant as to require reduction by the court, when the serious nature of the assault and the proper awarding of punitive damages are considered. Motion overruled.

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The plaintiff recovered a verdict of $3,000 for alleged assault by the defendants, husband and wife, by shooting him with a rifle, the bullet penetrating his side. The evidence was contradictory, much of the defendants’ self contradictory, and upon a careful examination the court is not of opinion that the jury manifestly erred in accepting the plaintiff’s version.

The damages are large but not so extravagant as to require reduction by the court, when the serious nature of the assault and the proper awarding of punitive damages are considered. Motion overruled.

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Bluebook (online)

115 A. 255, 121 Me. 580, 1922 Me. LEXIS 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercier-v-smith-me-1922.