Pettengill v. Gilman

Holden, G.J.

This action in tort was instituted against two infant defendants, Ronald Gilman and Frederick Sumner. The plaintiffs seek recovery for fire damage to their dwelling and other real property. The complaint alleges the fire was wilfully and maliciously caused by the defendants, acting in concert. One parent of each child was joined as party defendants. The suit was subsequently discontinued as to the defendants Sumner. This interlocutory appeal concerns only Ronald Gilman. No question of his parent’s derivative liability is before us.

Counsel for the plaintiffs and the remaining minor…