Laute v. Gearhart

Eldredge, C. C. J.

The questions involved in the above entitled cases are identical and will be disposed of together.

On the 29th day of August, 1930, both of the above named plaintiffs were injured on the beach at Wildwood Gables, New Jersey, in a collision between an airplane alleged to have been operated by David McKibbin, 3d, a minor, and an automobile.

Suits were begun and summons issued November 14th, 1930, and as above indicated, the suits were brought against "Grace Thurber Gearhart, guardian of David McKibbin, 3d.”

This court is called upon to answer two questions, first: "Are the…