Opinion
Opinion filed October 6, 1936.
ACTION OF TORT by administrator under the provisions of P.L. 2860 to recover pecuniary damages suffered by next of kin of his intestate, a pedestrian killed in a motor vehicle accident. Plea, the general issue. Trial by jury at the September Term, 1934, Washington County, Davis, J., presiding. Verdict and judgment for the plaintiff. After verdict and before judgment the plaintiff filed a motion for a close jail execution, which was denied. Both parties excepted. The opinion states the case. Judgment affirmed, and judgment that the cause of action arose from the wilful and malicious act or neglect of the defendant, and that he ought to be confined in close jail. Let a certified execution issue.
Theriault Hunt and Peter Giuliani for the plaintiff.
J. Ward Carver and Fred E. Gleason for the defendant.
Present: POWERS, C.J., SLACK, MOULTON, THOMPSON and SHERBURNE, JJ.
The issues raised in this cause are the same as those passed upon in Healy, Admr. of the Estate of William Donahue, v. James Moore, supra, p. 324. The two causes were tried together in County Court, and argued together before us. The result is the same in each instance.
Judgment affirmed, and judgment that the cause of action arose from the wilful and malicious act or neglect of the defendant, and that he ought to be confined in close jail. Let a certified execution issue.