McCarthy v. Emmons
Supreme Court of Vermont
McCarthy v. Emmons, 378 A.2d 107 (Vt. 1977)
135 Vt. 450; 1977 Vt. LEXIS 651
Barney, Daley, Larrow, Billings, Hill
McCarthy v. Emmons
Opinion
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.
Reference
- Full Case Name
- Gary L. McCarthy and Dawn McCarthy v. Bernard C. Emmons and Theresa A. Emmons
- Cited By
- 4 cases
- Status
- Published