Lipsman v. Warren

In a consolidated action by infants, passengers in a motor vehicle, and by their fathers, against the owner of the vehicle, its operator and the mechanic who is alleged to have negligently adjusted and repaired the brakes of the vehicle, the owner and operator, alleging that at most they were guilty of passive negligence only, jointly served a cross complaint and a third-party complaint on the mechanic for judgment over. The appeal is by the owner and operator from an order granting the respondent mechanic’s motion, pursuant to rule 106 of the Rules of Civil Practice, to dismiss the said…