Sylvester v. Shea

The report of the trial judge shows that the defendant was backing a one and one half ton truck from Sumner Street into Sumner Place in Boston, and saw or should have seen a large stone, six or seven inches in diameter and weighing ten or twelve pounds. The left rear tire of the truck came in contact with the stone, squeezing it and throwing it to the sidewalk, where it hit the plaintiff who was passing. The trial judge said, “Upon these facts, I find and rule as a matter of law that the defendant was negligent. ... If my ruling is incorrect as a matter of law, a finding should be entered for…