Sears v. Laberge

This is an action of tort to recover for injuries sustained from the alleged negligence of the defendant. A motion to dismiss was filed which was denied with an exception to the defendant. The grounds of the motion are, in substance, that this plaintiff previously brought a suit based on the same facts as the present one against this defendant and two others; that during the trial of the former case the plaintiff was required to elect whether he would proceed against the other two defendants as principals or against this defendant as agent; that an election was made to proceed against the…