Opinion
Decided June 4, 1935.
ACTION, two counts of the declaration being for negligence for personal injury and property damage arising from a motor vehicle accident, and another count being for malicious conduct of one of the defendants in causing the plaintiff's suspension of right to operate or have operated any motor vehicles until a bond was furnished to secure such defendant's claim against the plaintiff for this defendant's injuries arising out of the accident.
The defendants' motion that the count for malicious conduct be tried separately from the counts for negligence was granted, and the plaintiff excepted. Transferred by Burque, J.
Frederick J. Gaffney, for the plaintiff, furnished no brief.
Osgood Osgood and O. Neil Tolman, for the defendants, furnished no brief.
The defendants were entitled to the order granting the motion as matter of law. Farnum v. Company, 69 N.H. 231.
Exception overruled.