Pinto v. Brennan

The plaintiff, a boy two years and nine months old, was injured on Albany Street in Cambridge by an automobile owned by the city and driven by the defendant, a foreman in its street department. The accident occurred near the center of the street about one hundred feet from Portland Street, toward which the automobile was moving. The defendant testified that his attention was first directed to the boy, by a man who was riding with him, when the boy was about three feet from the automobile. *300This statement láter was modified when he said he must have seen the boy when more than three feet away.…