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135 Vt. 450

378 A.2d 107

McCarthy v. Emmons

Supreme Court of Vermont

Decided September 21, 1977

Supreme Court of Vermont · decided 1977-09-21

Cited by 6 later decisions — most recently March 1980

6 state decisions

Relies on Fournier v. Estate of Loiselle

Good law ✅— No negative treatment on recordhow we know

Decided 1977-09-21

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Per Curiam.

¶1 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.

¶2 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.

¶3 Judgment affirmed.

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