Chase v. Draper Corp.

The exceptions to the granting of the motions for nonsuits raise the question whether reasonable men could find the truck driver negligent. In passing upon this we must construe the evidence most favorably to the plaintiffs. Shimkus v. Caesar, ante, 286.

The record warrants findings that on the evening of December 29, 1945, the plaintiff, then thirteen years old, was riding with another boy, Chester Raymond, of about the same age, on the back of the defendant corporation’s snow plow truck unknown to Tobine. After a few minutes the latter, whose authority is not in issue, saw them and told them…