Devereaux v. Kelly

The plaintiff is a minor who sues by his mother and next friend. He appeals from a Superior Court judgment dismissing his complaint for failure to state a claim upon which relief could be granted.

The gist of plaintiff’s complaint is that he has been deprived of transportation to and from school by reason of defendant’s actions. In his complaint he recites that in the past a school bus arrived at his residence on each school day at about 8:00 a.m. and that the bus driver announced its arrival by sounding its horn. Evidently the sound of the horn so disturbed defendant, a neighbor, that he…