Opinion · Melaw Maine

DALTON v. SMITH, 123 Me. 565 (1924)

HARRY DALTON v. NORMAN SMITH., 123 A. 925 (Supreme Judicial Court of Maine.Cumberland County. 1924)

Type: Opinion
Court: Melaw Maine
Jurisdiction: Melaw
Date: 1924-02-26
Topic: general

DALTON v. SMITH, 123 Me. 565 (1924) 123 A. 925 HARRY DALTON vs. NORMAN SMITH.Supreme Judicial Court of Maine.Cumberland County. Decided February 26, 1924. Action of replevin of two wagons.

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DALTON v. SMITH,123 Me. 565(1924)

123 A. 925

HARRY DALTONvs.NORMAN SMITH.

Supreme Judicial Court of Maine.

Cumberland County.

Decided February 26, 1924.

Action of replevin of two wagons. The defendant pleaded title in himself. The verdict was in favor of the plaintiff and the case is before thePage 566Law Court on defendant's exception to the refusal of the court to direct a verdict in his favor, and on a general motion, the same question being involved in both. The issue was one of fact.

The evidence is very contradictory and the inferences to be naturally drawn therefrom vary according to the view-point. It is not improbable that this court, if it had been the original tribunal, might have reached a different result. Much depended upon the appearance of the witnesses. Without discussing the evidence in detail, all of which has been carefully examined and considered, it is sufficient to say that the verdict does not seem to us to be manifestly wrong. The testimony for the plaintiff, if believed, is sufficient to sustain it. Motion and exception overruled.

Henry N. Taylor and John J. Devine,for plaintiff.Clifford E. McGlauflin,for defendant.