
    Charles W. Davis vs. Dennis F. Crowley.
    Penobscot County.
    Decided November 28, 1923.
    This is an action to recover damages for personal injuries received by the plaintiff September 26, 1921, while the plaintiff was in the service of the defendant in the construction of a sewer in the town of Orono.
    Under the provisions of Public Laws of 1919, Chapter 238, plaintiff’s contributory negligence is not involved. The jury returned a verdict for the plaintiff for the sum of $ 1,004.25. The case is before us on general motion.
    We have examined the record with great care and are unable to discover where the jury erred in finding that the defendant was negligent, and that the injury complained of was caused by such negligence.
    As to the claim that the damages are excessive, it clearly appears that prolonged suffering and total incapacity for labor for many months resulted ■ from the injury. To fix the amount of damages was a duty of the jury. We cannot say from the record that the damages are excessive.
    Motion overruled.
    
      F. W. Knowlton and Frank Felloivs, for plaintiff. George E. Thompson, for defendant.
     