Kent v. Bartlett

Opinion

ROUSE, J.

Plaintiffs Robert and Theresa Kent brought this action against defendant William Bartlett to recover damages allegedly occa sioned by his negligence in making a survey of certain real property.

Defendant, by way of answer, denied the charging allegations of the complaint and asserted that plaintiffs had failed to state a cause of action because it was not alleged, that there was any privity of contract between plaintiffs and defendant. Defendant also raised the affirmative defenses of contributory negligence and assumption of the risk.

When the case came on for trial, defendant…