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

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.

Reference

Full Case Name
Gary L. McCarthy and Dawn McCarthy v. Bernard C. Emmons and Theresa A. Emmons
Cited By
4 cases
Status
Published