Opinion
Opinion filed February 7, 1933.
ACTION OF TORT against town under G.L. 4615, as amended by Acts 1921, No. 128, to recover damages claimed to have been sustained by insufficiency of culvert. Plea, general issue. Trial by jury at the April Term, 1932, Windham County, Bicknell, J., presiding. Verdict for the plaintiff, and judgment thereon. The defendant excepted. The opinion states the case. Reversed, and judgment for defendant to recover its costs.
Frank E. Barber and Orrin B. Hughes for the defendant.
Carpenter Clawson for the plaintiff.
Present: POWERS, C.J., SLACK, MOULTON, THOMPSON, and GRAHAM, JJ.
This case rests upon the facts as the case of Martha K. Wi dham, v. Town of Brattleboro, ante, page 210, 166 A. 22. The plaintiff herein was riding in the automobile driven by Martha and was injured in the same accident. The holding in the former case is controlling here, and the entry will be the same.
Judgment reversed, and judgment for the defendant to recover its costs.
ON MOTION FOR REARGUMENT.
The motion for reargument in this case is based upon the same ground as that in Martha K. Widham v. Town of Brattleboro, and the disposition is the same for the reasons therein given.
Motion for reargument denied. Let full entry go down.