Cioffi v. Lowell

On September 9, 1940, the plaintiff, a child about three years and two months of age, was struck and injured by an automobile driven by the defendant.

The plaintiff’s parents were occupying a summer cottage on Ocean Street in Marshfield. The defendant’s father had allowed the defendant and his wife to occupy over the week-end the adjoining premises owned by the defendant’s father. In the rear of both premises was an unfenced "open space or yard.” There was "no apparent division” of the portions of this space pertaining to the respective cottages. The plaintiff was accustomed to play in the…