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HALBERG v. SAI K. YOUNG

NO. 4006.

41 Haw. 634 (1957)

EMMA MARION HALBERG AND HERBERT P. HALBERG, INDIVIDUALLY AND JOINTLY, AND AS NATURAL GUARDIANS OF MARILYN SUE HALBERG, GERALD LESLIE HALBERG, AND DAVID ELLIOTT HALBERG, MINORS v. SAI K. YOUNG.

Supreme Court of Hawaii.

Decided April 17, 1957.

Attorney(s) appearing for the Case

J. Garner Anthony (Thomas M. Waddoups and Robertson, Castle & Anthony on opening brief; Frank D. Padgett and Robertson, Castle & Anthony on reply brief) for appellant.

William B. Cobb (Levinson & Cobb on the brief) for appellees.

Arthur K. Trask (also on the brief as amicus curiae) for appellees.

Gilbert E. Cox (Smith, Wild, Beebe & Cades with him on the brief for Association of Casualty and Surety Companies), amicus curiae.

RICE, C.J., STAINBACK AND MARUMOTO, JJ.

OPINION OF THE COURT BY STAINBACK, J.

This is an action for damages brought by a husband and wife and their three minor children against defendant for the recovery of damages arising out of injuries sustained by the wife and mother, Emma Halberg, in an automobile accident. Defendant moved to dismiss the complaint as to the minor plaintiffs on the ground it failed to state a cause of action. The presiding judge, having a well founded doubt on the question of the liability...

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