Meade v. Purity Bakeries Corp.

The opinion of the court was delivered by

Bodine, J.

The defendant appeals from judgments in favor of the plaintiffs. The injured party was a boy six years old. The proofs indicate that he sat on the rear step of the defendant’s delivery truck and fell off while the truck was proceeding slowly down the street. The case was tried in the District Court and on appeal the Supreme Court held that there were proofs sufficient to find liability.

It appears, however, from our examination of the record that there was no proof that the driver of the truck saw the child sitting on the rear step of the…