Fabbio v. Diesel Oil Sales Co.

Plaintiffs brought this action to recover damages for the death of their thirteen-year-old son, which they alleged was caused by the negligence of defendant Charles Damerow in the operation of an oil truck owned by defendant Diesel Oil Sales Company. The defendants denied negligence and alleged contributory negligence on the part of the boy. From judgment on a verdict in favor of plaintiffs, defendants appeal.

Three questions are raised on the appeal: (1) Was the boy guilty of contributory negligence as a matter of law? (2) Did the court err in refusing to admit in evidence certain photographs…