Barbato v. Epstein

These are two actions of trespass on the case for negligence brought by a father and his minor son. The cases were tried to a jury in the superior court together with a third case brought by the operator of the Barbato motor vehicle against the defendant. In each case a verdict for the defendant was returned and the plaintiff filed a motion for a new trial. The trial justice denied the motion in the case of the operator, but granted it in each of the instant cases which are now before us on the defendant’s single exception thereto. Since liability in both cases is dependent upon our decision…