Opinion
No. 340-76
Opinion Filed September 21, 1977
Appeal and Error
The issue of adequacy of damages must be preserved for the trial court's consideration.
Appeal from judgment on grounds of inadequacy. Orange Superior Court, Keyser, J., Specially Assigned, presiding. Affirmed.
M. Martin Leinwohl, Barre, for Plaintiffs.
Abare, Donaghy Nichols, P.C., Barre, for Defendants.
Present: Barney, C.J., Daley, Larrow, Billings, and Hill, JJ.
Plaintiffs in this case appeal from a judgment in their favor on the ground of inadequacy. No motion for new 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.