Opinion
Opinion Filed January 6, 1953.
ACTION OF TORT for negligence in operation of motor vehicle. The defendants filed pleas in abatement and upon hearing by Windham County Court, April Term, 1952, Holden, J., presiding, the pleas were adjudged insufficient and plaintiff's motion for judgment in chief was granted. Affirmed and remanded.
Osmer C. Fitts and Paul N. Olson for the defendants.
Barber Barber for the plaintiffs.
Special Term at Rutland, November, 1952.
Present: SHERBURNE, C. J., JEFFORDS, CLEARY, ADAMS and CUSHING, JJ.
The plaintiffs in this action are the parents of the plaintiff in Stark v. Crowell et al, ante p. 413 and seek to recover from the same defendants for loss of services and expenditures claimed to have been caused by the same negligent operation of an automobile as alleged in that case. The two cases were heard together upon defendants' pleas in abatement and present the same questions here. The decision in that case is conclusive here. The judgment of the county court adjudging the pleas in abatement of the defendants insufficient and granting plaintiff's motion for judgment in chief is affirmed, and the cause is remanded.