Maggitti v. Cloverland Farms Dairy, Inc.

This appeal is from a judgment in favor of the defendant for costs entered after the court had sustained a demurrer to an amended declaration without leave to amend. The declaration alleged that the infant plaintiff, 6 years old, playing near his home, attempted to cross Pratt Street “at or near its intersection with Fagley Street * * * when an automobile owned and operated by the defendant, Nicholas John Rescigno, in a careless and negligent manner in that it was being operated at a high and unlawful rate of speed under the conditions there existing, without due regard to the proximity of…