Opinion
Opinion filed January 7, 1937.
ACTION OF TORT against motor vehicle operator for personal injuries sustained in coasting accident. Plea, the general issue. Trial by jury at the September Term, 1935, Washington County, Sherman, J., presiding. Verdict directed for the defendant and judgment thereon. The plaintiff excepted. See Shea, b.n.f. v. Pilette, 109 Vt. 446. Judgment reversed pro forma and cause remanded with leave for the plaintiff to apply for amendment of declaration, etc.
Finn Monti for the plaintiff.
Theriault Hunt for the defendant.
Present: POWERS, C.J., SLACK, MOULTON, THOMPSON and SHERBURNE, JJ.
The plaintiff was a participant in the coasting accident described in Shea, by next friend, v. Pilette, supra. The two actions were tried together below, and argued together here. The same motions for reargument, amendment, and remand were also made. The facts and the legal principles involved being the same in each cause, the result is also the same.
Judgment reversed pro forma and cause remanded with leave to the plaintiff to apply for an amendment of the declaration. Such application to be made within ten days after the opening of the March Term, 1937, of Washington county court, and, if granted, a new trial may be had upon the issue of the last clear chance as a ground of liability. If application is not so made, judgment to be affirmed.