Holden v. Bloom

(Pettingell, A.P.J., & Wilson, J.)—These are two actions of tort which were tried together. In the first action the plaintiff, a minor ten years of age, seeks to recover for injuries caused by the defendant’s negligent operation of an automobile on Pearl Street, Newton, Mass., on July 28, 1939. In the second case, the father of the plaintiff in the first action seeks to recover for consequential damages arising from the aforesaid injury. In our opinion we will refer to the minor plaintiff as the plaintiff, inasmuch as the rights of his father are dependent upon the outcome of the first action.