Bartley-Cruz v. McLeod

In fairness to all the parties and to prevent a failure of justice, this cause should be remanded for a new trial. DeGoesbriand Memorial Hospital, Inc. v. Town of Alburg, 122 Vt. 275, 283, 169 A.2d 360, 365 (1961).

Unfortunately the trial judge did not give us an inkling of the nature of plaintiffs’ cause of action, that is, whether he treated it as a claim for breach of contract, a claim for negligence, or a claim of bailment with a conversion by the bailees of the bailors’ car. See 12 V.S.A. § 5532 and 12 V.S.A. § 5533(a)(3) and (b) ; D.C.C.R. 80.3(b).

The paucity of findings too puts us at a…