Finlayson v. Gruzs

The jury found for the defendant driver in a suit on behalf of a boy almost five years old who was struck by her automobile. The claim on appeal is that the trial judge erred when he failed to instruct the jury as requested that if the driver “failed to exercise that higher degree of care that she would have to an infant than would ordinarily be required, then the jury’s verdict must be for the plaintiff.”

About six-thirty p.m. on a clear day in July 1957, the defendant, a housewife en route to her home nearby, was driving on Fenway North, a twenty-foot wide one-way street in a thickly…