Sylvia v. Gobeille

These companion actions of trespass on the case for negligence, one by a minor suing through her father and next friend and the other by the father for consequential damages, were commenced in the superior court prior to the January 10, 1966 effective date of its revised Rules of -Civil Procedure. The trial justice who heard the cases after those rules took effect acting pursuant thereto' treated the defendant’s demurrers to the declarations as if they were motions to dismiss. She granted the motions, dismissed the actions and thereafter in each case a judgment on her decision was entered for…