Colarusso v. Mills

These are two actions of trespass on the case for negligence brought by a husband and wife. The wife seeks damages for personal injuries and the husband is suing for consequential damages. Since liability in both cases is dependent upon our decision in the wife’s case we shall discuss only her case, but our decision will apply to both. The case is before us on the plaintiff’s exception to the decision of the trial justice overruling her demurrer to the defendant’s plea numbered I.

We shall refer to only such of the pleadings as are essential to the present inquiry. In her declaration plaintiff…