McCarthy v. Emmons
Cases that cite this one
3 later published cases cite this decision.
- Condosta v. Condosta (Vt. 1980)
- Swan v. Baldwin (Vt. 1978)
- Carr v. Case (Vt. 1977)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.