Shea v. Pilette

189 A. 159, 108 Vt. 457, 1937 Vt. LEXIS 145

Opinion

MoultoN, J.

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 re mand 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 he made within ten days after the opening of the March Term, 1937, of Washington county court, and, if granted, a new trial may he had upon the issue of the last clear chance as a ground of liability. If application is not so made, judgment to he affirmed.