Linnane v. Millman

This is an action of tort to recover damages for the death of the plaintiff’s intestate, a girl six years and five months of age. An automobile truck, operated by an agent of the defendant upon the defendant’s business, *493came in contact with the child as she was crossing Western Avenue at a point near its intersection with Smith Street in Boston. The plaintiff’s exception to the order of the judge directing a verdict for the defendant presents the question to be decided.

The child had been allowed by her mother to go upon the sidewalk near her house at a place in view from the dining-room…