constitutional issue should not be decided on report when plaintiffs have yet to establish underlying liability at trial level, the issue is posed in the abstract, and “the possibility is evident that but for the report by the Superior Court this case and its constitutional question would never reach this court”
How later courts described this case
- constitutional issue should not be decided on report when plaintiffs have yet to establish underlying liability at trial level, the issue is posed in the abstract, and “the possibility is evident that but for the report by the Superior Court this case and its constitutional question would never reach this court”
- "[J]udicial restraint requires [the Law Court] to cautiously approach constitutional questions presented on report . ..."
Written by the judges who cited it.
The opinion
BRODY, Justice,
with whom CLIFFORD, Justice, joins, dissenting.
I agree with Justice Collins that the report should be accepted by the Court. Because the majority of the Court has discharged the report, however, I do not express an opinion on the merits of this case.