Tough v. Ives

The plaintiff, Patricia Tough, brought this action in two counts to recover damages for personal injuries alleged to have been due to the breach of a statutory duty of the defendant state highway commissioner. The following is a brief, procedural history of the action. The trial court sustained a demurrer to the first count prior to trial. A so-called second complaint, filed by the plaintiff’s father, was withdrawn just before trial. The jury returned a verdict for the defendant, which was accepted by the court. Thereafter the court, on motion of the plaintiff, granted a mistrial. The court…