Yarcheski v. P&K Sand and Gravel, Inc.
Annotate this CaseAfter hearing what he described as a diesel-powered dump truck pass by his home one snowy morning in November, Plaintiff discovered that his mailbox had been damaged. Plaintiff filed a small-claims action against P&K Sand and Gravel, Inc., the town’s snowplow contractor, seeking $450 for the damage to his mailbox. The district court entered judgment in favor of P&K, concluding that Plaintiff had not met his burden of proof. The superior court affirmed. The Supreme Judicial Court affirmed, holding (1) because Plaintiff’s appeal raised only issues of fact, the Court would not reach the merits of his arguments; and (2) the trial court acted within its discretion in denying Plaintiff’s motion for recusal.
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