GRIMES, J.
Actions to recover for the death of Paul F. Forbes and for personal injuries to Wayne Schoff who were passengers in a motor vehicle which went off the highway and struck a tree while being operated by the defendant's intestate on April 19, 1963 at Rochester, New Hampshire. Schoff, the only survivor, testified that he and the others met Norton at a diner in Dover where, after having something to eat, Norton agreed to drive them home. They left the diner...
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