DiMaio v. Del Sesto

These are two actions of trespass on the case for negligence, brought by a father as next friend to recover damages for personal injuries sustained by his minor son and on his own behalf for consequential damages. The cases were tried together before a superior oo-urt justice sitting with a jury, which returned verdicts for the defendant. They are before us on each plaintiff’s bill of exceptions, but for the reasons that o-ur decision in the case of the minor son will also be dispositive of that of the father, we shall consider the exceptions in the case of the minor son only.

The undisputed…