Haskell, Admr. v. Herbert

This is an action of negligence brought by the administrator of the deceased, one Fred A. Morin, under the provisions of Chap. 152, Sections 9 and 10 of the Revised Statutes of 1944 (known as Lord Campbell's Act), to recover damages for death without conscious suffering of Mr. Morin. At the close of the testimony, counsel for the defendant moved for a directed verdict, which was granted. To this ruling the sole exception relates. It is elemental that ""A verdict should not be ordered by the trial court when, giving the party having the burden of proof the most favorable view of his facts and of every justifiable inference, different conclusions may fairly be drawn from the evidence by different minds. Young v. Chandler, 102 Me. 251.""