Opinion
Opinion Filed September 1, 1959 Reargument Denied January 5, 1960
Action of Tort for personal injuries. Trial by jury, Bennington County Court, June Term, 1958, Keyser, J., presiding. At the close of plaintiff's case verdict was directed for the defendants. Affirmed.
Richard E. Davis and John P. Morrissey for the plaintiff.
Ryan, Smith Carbine for the defendants.
May Term, 1959
Present: Hulburd, C. J., Holden, Shangraw, Barney and Smith, JJ.
The plaintiff in this action is the husband of the plaintiff in Lomberg v. Renner, 121 Vt. 311, 157 A.2d 222. The opinion in that case was handed down at this term of court. In this case the plaintiff is seeking to recover for loss of services and expenditures growing out of the same cause of action, and based upon the same facts, as the case brought by Mrs. Lomberg. The two cases were tried below and were heard in this court together, and present the same questions here. The decision in the other case is conclusive here. For the reasons stated in the opinion in that case, the entry is
Judgment affirmed.